Chapter

Freedom of Contract in the Courts, 1770–1870–1

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print November 1985 | ISBN: 9780198255277
Published online March 2012 | e-ISBN: 9780191681578 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255277.003.0014
Freedom of Contract in the Courts, 1770–1870–1

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This chapter examines changes in the treatment of freedom of contract in England during the period from 1770 to 1870. This period witnessed the emergence of general principles of contract law closely associated with the development of the free market and the ideals held by political economists. Within the realm of contract, there was a shift from particular relationships with or particular types of contract to general principles of contract. This chapter also discusses the emergence of an autonomy of private contract, the executory contract, and will theory.

Keywords: freedom of contract; England; contract law; free market; political economy; will theory

Chapter.  29507 words. 

Subjects: Civil Law

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