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Principle of Private Law Comprehensive Reading Notes
JURD7150 - Principles of Private Law
122 Pages • Complete Study Notes • Year: Pre-2021
Classical Contract Theory Set of ideas that Underpinned development of contract law in England and US in the 19th century – influenced by will theory of contract Will theory = contract represents expression of the will of the contracting parties and therefore should be respected and by the courts Connected to economic, political views of the time Prevailing ideology was laissez faire - transactions between private parties are free from government with only enough regulations to protect property rights –contract law based on this Fundamentally concerned with individual autonomy Lead to Cohen’s “Contractualism” – two principles: o Courts reluctant to recognise non-contractual obligations e.g. advertisers contract with consumer o Overriding concern with intentions of parties Textbooks about CL also started to be written in 19th C Criticisms of Classical Approach Rights and obligations arising from a contract do not necessarily
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