The Decline of Freedom of Contract, 1870–1970

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:
The Decline of Freedom of Contract, 1870–1970

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This chapter examines the decline of freedom of contract in England during the period from 1870 to 1970. It focuses on the settling of classical contract theory and the failure of classical law. It describes two principal characteristics of the general law of contract that was developed during this period. These are the treatment of contract as an instrument of market planning and the development on the model of contract based on the economic model of the free market transaction. It identifies the flaws and shortcomings of this model that led to the decline of freedom of contract.

Keywords: freedom of contract; England; contract theory; classical law; market planning; economic model; free market

Chapter.  16985 words. 

Subjects: Civil Law

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