Chapter

The Wheel Come Full Circle

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/9780198255277.003.0022
The Wheel Come Full Circle

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This chapter discusses the decline of freedom of contract in England during the 20th century. During this period, freedom of contract ceased to be a living issue. And though it was by no means dead in the law courts, its decline has been evident even among lawyers. This chapter discusses the three separate strands involved in this decline. These include the decline in the economic importance of contract, the decline in the importance attached to the value of free choice as a source of legal rights and liabilities, and the shift from away from the use of contract as a calculated instrument for the allocation of risks.

Keywords: freedom of contract; England; legal rights; legal liabilities; risk allocation; law courts; lawyers; freedom of choice

Chapter.  32457 words. 

Subjects: Civil Law

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