The rule of contract
What is a contract?
Agreement between two parties which is enforceable by law (legally
binding)
Based on promises two parties make to each other
Not all promises are contractual
It can be written or unwritten
It is to provide safety for people who are let down by parties who fail
to fulfil their promise in a contract
Example is buying something from a shop
Freedom of a contract
‘Laissez-faire’
Promotes the idea that since parties are the best judges of their own
interests, they should be free to make contracts on any terms they
choose
Courts act as a ‘referee’ holding the parties to their promise
The human rights act 1998
S3 states that ‘so far as it is possible to do so, primary legislation
and subordinate legislation must be read and given effect in way
which is compatible with the human rights act’
What is a contract?
Agreement between two parties which is enforceable by law (legally
binding)
Based on promises two parties make to each other
Not all promises are contractual
It can be written or unwritten
It is to provide safety for people who are let down by parties who fail
to fulfil their promise in a contract
Example is buying something from a shop
Freedom of a contract
‘Laissez-faire’
Promotes the idea that since parties are the best judges of their own
interests, they should be free to make contracts on any terms they
choose
Courts act as a ‘referee’ holding the parties to their promise
The human rights act 1998
S3 states that ‘so far as it is possible to do so, primary legislation
and subordinate legislation must be read and given effect in way
which is compatible with the human rights act’