freedom of contract

Question 1

definition (2)

Answer 1

refers to right of individuals and businesses to freely negotiate and establish terms of their agreements without interference from government

fundamental basis of contract law is the issue of voluntariness

Question 2

freedom of contract associated with (3)

Answer 2

concept of laissez faire,
this is a french term that translates to “let it be”. Refers to policy or attitude of minimal government intervention in economic affairs of individuals and businesses

Question 3

what does freedom of contract allow parties to do (3)

Answer 3

with whom to contract,
whether to enter into a contract
and the specific terms of a contract

Question 4

Sir george jessel

Answer 4

a prominent 19th century judge, jessel strongly advocates for the principle of freedom of contract

arguing individuals should have the upmost liberty to enter into agreements and that such contracts should be upheld by the courts

Question 5

Robert Nozick

Answer 5

modern libertarian philosopher
viewed freedom of contract as an expression of individual autonomy and a fundamental aspect of a minimal state

Question 6

patrick atiyah

Answer 6

an english law professor
traced the rise and fall of the concept of freedom, noting its prominence in the 18th and 19th centuries
and its decline in the face of increasing regulation

Question 7

3examples of freedom to contact

Answer 7

employment contracts, employees and employers have freedom to negotiate terms like salary working hours and job responsibilities
commercial contracts, businesses can negotiate terms for the sale of goods or services
consumer contracts agreements between businesses and consumers such as purchasing products or services

Question 8

example of freedom in contract law

Answer 8

contract starts with agreement which involves offer and acceptance
offer is terms by which you are prepared to be bound must be certain and communicated(gibson) and acceptance is agreement to terms of offer

this is the basis of freedom, two parties freely enter an agreement they have full knowledge of
law avoids getting involved unless something goes wrong as law wants to leave people to be free

Question 9

Arguments against freedom in contract

Answer 9

parties may have too much freedom and may insert bias within contract
may be beneficial to one party and detrimental to another
in this case the court can imply terms into contract
this goes away from freedom as courts are protecting weaker party from being exploited