Theory-Theory of freedom of contract and the competing need to protect the consumer

Question 1

“Freedom of contract” is a long-established principle of what?

Answer 1

Common Law

Question 2

What did more and more areas of contract law look at doing especially in the early 20th century?

Answer 2

Protect weaker parties.

Question 3

If the law is introducing more and more areas of protecting weaker parties, what could this arguably do?

Answer 3

Undermine the principle of freedom of contract.

Question 4

How does the CRA take away freedom of contract?

Answer 4

Reduces party rights to include exclusion clauses and limitation clauses.
Contract of ‘implied terms’ takes law away from contract as it is understood by parties involved.

Question 5

What area of contract law, arguably, does focusing too much on consumer/trader rights leave inconsistencies with?

Answer 5

Areas where protection is needed for private sellers who are not traders. For example, on eBay

Question 6

How do innominate terms take away a parties freedom of contract?

Answer 6

Are somewhere between a term and a warranty which creates confusion in the law and takes away from parties’ freedom to enter an agreement in which they understand where they stand.