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6 - Public policy

Published online by Cambridge University Press:  07 September 2011

Stephen Waddams
Affiliation:
University of Toronto
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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 Law
Competing or Complementary Concepts?
, pp. 148 - 171
Publisher: Cambridge University Press
Print publication year: 2011

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References

Luther, P 1999
Winfield, P 1960
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  • Public policy
  • Stephen Waddams, University of Toronto
  • Book: Principle and Policy in Contract Law
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005302.007
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  • Public policy
  • Stephen Waddams, University of Toronto
  • Book: Principle and Policy in Contract Law
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005302.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Public policy
  • Stephen Waddams, University of Toronto
  • Book: Principle and Policy in Contract Law
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005302.007
Available formats
×