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A.Freedom of contract
Contracts shape and direct our lives almost on a daily basis. An ordinary citizen…
What underpins all of the above is the voluntary nature of the assumption of obligation.…
Relatedly, English law recognises the fundamental principle of freedom of contract.…
“A basic principle of the common law of contract … is that parties to a contract are free to determine for themselves what primary obligations they will accept.”…
English courts will therefore rarely accept a plea to re-write the terms of a contract…
““the court has to be careful not to set too stringent a standard and bear in mind that what the parties have agreed should normally be upheld”, not least because “any other approach will lead to undesirable uncertainty especially in commercial contracts””.…
Similarly, Jessel MR once remarked:…
“It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore, you have this paramount public policy to consider—that you are not lightly to interfere with this freedom of contract.”…
CHAPTER 1: MAIN THEMES OF ENGLISH CONTRACT LAW
B.Notion of objectivity
EN
TR
