Question 3: The doctrine of freedom of contract is still recognised today, although it is often in conflict with commercial and legal reality. Discuss.
The doctrine of freedom of contract, developed in the 19th century, is now conflict with the commercial and legal reality. The doctrine's origins in the European court system in the late 1800's must be revised, as the concept does not meld with 21st century business practices.
The doctrine of freedom of contract involves to main elements: 1) every person is free to enter into a contract with any other person they choose. 2) every person is free to contract on any terms they want. The doctrine of freedom of contract is still recognised today, although it is often in conflict with commercial and legal reality. The 'take it or leave it' approach seems to have become the standard in this day and age with most contractual agreements.
Also these agreements seem to be lacking the bargaining that was once seen a lot. Often, one party entering or involved in the contract is not exercising freedom of choice. Legislation has whittled away the freedom of contract and in some circumstances, the state has imposed the obligation to contract on citizens, such as compulsory third party injury insurance and workers' compensation insurance. (Pentony, Graw, Lennard, Parker, p. 39)
The rise of the internet, mass production and international corporations clearly upset the guidelines set down by the doctrine. This essay will describe the contemporary market operations that conflict with the doctrine of freedom of contract. By evaluating its effectiveness in promoting its concepts, this essay will prove that the freedom of contract doctrine needs to be redesigned for the modern world. (Starke, p. 25)
Freedom of Contract
The term 'freedom of contract' was developed during the 19th century...