freedom of contract

Cards (1)

  • structure:
    • this doctrine promotes the idea that since the parties are the best judge of their own interest, they should be allowed to make the bargain that suits them without interference of the courts.
    • courts have a laissez faire approach leaving parties to deal with contractual issues without interferences.
    • examples; consideration need not be adequate but must be sufficient, privity.
    • eroding freedom of contract- courts have recognised an imbalance of power and it gives off a take or leave it attitude.
    • implied terms in common law- courts can add to terms which erodes freedom of contract
    • exclusion clauses