Chapter

Freedom of Contract in the Courts, 1770–1870–11

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/9780198255277.003.0015
Freedom of Contract in the Courts, 1770–1870–11

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This chapter examines changes in the treatment of freedom of contract in England during the period from 1770 to 1870, particularly the decline of reliance and benefit and the development of the law of negligence. It suggests that the decline of reliance and benefit was a very paradoxical development because as the courts began to impose liabilities on a consensual ground they also came to protect expectations. It also discusses the reliance of the courts on the notion of an ‘implied’.

Keywords: freedom of contract; England; reliance and benefit; negligence law; implied promise

Chapter.  26621 words. 

Subjects: Civil Law

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