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CONTRACT ESSAY - FREEDOM TO CONTRACT The law relating to freedom of contract refers to those choices available to the individual as to who they contract with and what they contract for and on what terms. It comes from the classical model of contract where an individualistic approach is of the highest importance. In the classical theory there is minimal state intervention. Atiyah was central to the classical model. His fall came about when pragmatism, consumer welfarism and reliance took the place of the laissez faire approach and the bargaining model. The notion of freedom of contract has come under scrutiny as legislation has been passed in the UK that has implications on such 'freedom of choices'. There are many examples of statutory interference with the freedom of contract, for example in the fields of employment law, racial and gender discrimination. A wide variety of legislation was passed that helped shape the law of...

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