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contract essay

Member rating: No Rating | Words: 3000 | Submitted: Tue Mar 25 2008

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"English law....adopt[s] as its general position an objective approach to contract. By protecting good faith reliance on another's apparent meaning, the objective approach promotes both commerce and fairness" (Adams and Brownsword (2004) Understanding Contract Law, 4th ed, Sweet and Maxwell, p 48) To assume an objective approach is the most dependable way of protecting 'good faith reliance' and 'promotes both commerce and fairness'is a reasonable assumption to propose but not necessarily wholly accurate. Adoption of objectivity in English law in the position of contract law is not a stance that should be applied in totality in contract cases as it has flaws especially in relation to Commercial transactions, thus to assert that it promotes both commerce and fairness is questionable. Underpinning this notion are contract ideologies within the realm of contract law, which explains and analyses the various ways in which contractual relationships can be considered. Two of these ideologies, commerce...

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