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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Principle and Policy in Contract Law - Competing or Complementary Concepts? (Hardcover, New)
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Principle and Policy in Contract Law - Competing or Complementary Concepts? (Hardcover, New)
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Although presented as being derived from the past, principles in
contract law have been subject to constant reformulation, thereby
facilitating legal change while simultaneously seeming to preclude
it. Principle and policy have been mutually interdependent,
propositions not usually being called principles unless they have
been perceived to lead to just results in particular cases, and as
likely to produce results in future cases that accord with common
sense, commercial convenience and sound public policy. The
influence of policy has been frequent in contract law, but Stephen
Waddams argues that an unmediated appeal to non-legal sources of
policy has been constrained by the need to formulate generalised
propositions recognised as legal principles. This interrelation of
principle and policy has played an important role in enabling an
uncodified system to hold a middle course between a rigid formalism
on the one hand and an unconstrained instrumentalism on the other.
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