Freedom of Contract in UK Law

  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 November 2015
    ... ... the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis , raises the issue at a ... 33 The penalty rule is an interference with freedom of contract. It undermines the certainty which parties are entitled to ... ...
  • National Westminster Bank Plc v Spectrum Plus Ltd and Others
    • House of Lords
    • 30 June 2005
    ... ... He may determine the contract at any time on giving notice to the customer. But he cannot refuse to ... for the purposes of which they are borrowing money with as much freedom from restrictions imposed by their lenders that negotiation can achieve ... ...
  • Johnson v Moreton
    • House of Lords
    • 27 July 1978
    ... ... shall (notwithstanding any provision to the contrary in the contract of tenancy of the holding) be invalid if it purports to terminate the ... taken on behalf of the landlords relates to the sanctity of the freedom to contract and the sanctity of a contract once it has been made. I ... ...
  • Sidhu v British Airways Plc
    • House of Lords
    • 12 December 1996
    ... ... , at common law for breach of an implied condition of the contract that the respondents would take reasonable care for her safety. When the ... To surrender freedom of contract on this issue was an important concession on the part of ... ...
  • Johnson v Unisys Ltd
    • House of Lords
    • 22 March 2001
    ... ... When the first edition of Treitel's classic book on contract was published some 40 years ago the author described the exclusion of any ... Freedom of contract meant that the stronger party, usually the employer, was free ... ...
  • Fender v St. John-Mildmay
    • House of Lords
    • 28 June 1937
    ... ... are not to extend arbitrarily those rules which say that a given contract is void as being against public policy because if there is one thing which ... , which it is the duty of the Courts to maintain, is that of freedom of contract, but it is certain that there are some classes of contract, ... ...
  • Esso Petroleum Company Ltd v Harper's Garage (Stourport) Ltd
    • House of Lords
    • 23 February 1967
    ... ... He may enter into a contract of service or may agree to give his exclusive services to another: then ... than on the practical effect of a restraint in hampering that freedom which it is the policy of the law to protect ... 20 ... ...
  • Radmacher (formerly Granatino) v Granatino
    • Supreme Court
    • 20 October 2010
    ... ... – where under the general law of contract the agreement is unenforceable, including if the contract attempted to lay ... Nowadays there is considerable freedom and flexibility within the marital package but there is an irreducible ... ...
  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 March 1966
    ... ... 354 "The effect of a deviation upon a contract of carriage by sea has been stated in a variety of cases but not in ... Such a rule of law would involve a restriction on freedom of contract and in the older cases I can find no trace of it ... 24 In ... ...
  • Winter Garden Theatre (London) Ltd v Millennium Productions Ltd
    • House of Lords
    • 29 July 1947
    ... ... Such a licence is a contract, and this contract contains the express term that if the Respondents, on ... 89 My Lords, the profusion and diversity of licences and the freedom of contract regarding them are such as to discourage any unnecessary ... ...
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT