Law and Morality in Contract Law

Question 1

what moral does contract law enforce

Answer 1

basic moral duty to keep a promise
if the promise is broken, the innocent party can sue for breach of contract, this is moral.

Question 2

How does law of privity enforce morals

Answer 2

only a a person privy to the contract is able to claim
CRTPA1999- those who contact is to benefit can claim to
this is morally right
cases such as Beswick v Beswick and Tweddle v Atkinson where the strict rule may be immoral
-although not party to the contract, the contract was to benefit them and not allowing them to claim could be seen as immoral by some

Question 3

Examples of contract law not upholding morals

Answer 3

Acceptance- Felthouse v Bindley
-both parties considered silence to be acceptance, the courts refused this