Book contents
- Frontmatter
- Contents
- Table of Cases
- Preface
- 1 Introduction: empire of reason, or republic of common sense?
- 2 Intention, will and agreement
- 3 Promise, bargain and consideration
- 4 Unequal transactions
- 5 Mistake
- 6 Public policy
- 7 Enforcement
- 8 Conclusion: joint dominion of principle and policy
- Select Bibliography
- Index
- References
6 - Public policy
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- Table of Cases
- Preface
- 1 Introduction: empire of reason, or republic of common sense?
- 2 Intention, will and agreement
- 3 Promise, bargain and consideration
- 4 Unequal transactions
- 5 Mistake
- 6 Public policy
- 7 Enforcement
- 8 Conclusion: joint dominion of principle and policy
- Select Bibliography
- Index
- References
Summary
One aspect of contract law plainly demands an open and direct engagement with questions of public policy. This is the question of when, for policy reasons, the courts have refused to enforce agreements that otherwise meet all the requirements of valid contracts. Modern accounts of contract law have tended to marginalize this aspect of the subject, visualizing it as impliedly a small island in a wide sea of enforceability. But this is not the only way of looking at the matter. Compliance with public policy might plausibly be presented as a primary, or even a threshold requirement for the creation of enforceable obligations.
- Type
- Chapter
- Information
- Principle and Policy in Contract LawCompeting or Complementary Concepts?, pp. 148 - 171Publisher: Cambridge University PressPrint publication year: 2011