Contract Law and Private Agreements: An Analysis of Contract Enforcement and Violation
Overview
This reflection essay examines the nature of contracts as private law, drawing on Fuller and Perdue's perspective that contracts lack inherent enforcement mechanisms and rely on courts to effectuate their purpose. The author discusses the importance of binding agreements between organizations, the necessity of clear penalty provisions, and considers the Shell company case in relation to the polluter pays principle.
What this reflection paper covers
- Introduction and agreement with Fuller and Perdue's contract theory
- Definition and role of private laws in business relationships
- Judicial discretion in breach of contract cases and warranty specifications
- Enforceability of contracts and consequences of violation
- Application to Shell company and pollution liability case
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Reflection Essay
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Reflection Essay
I agree with the author of Fuller and Perdue's words that says, "if a contract represents a kind of private law, it is a law which usually says nothing at all about what shall be done when it is violated. A contract in this respect is like an imperfect statute which provides no penalties, and which leaves it the courts to find a way to effectuate its purpose". Typically, a contract should be followed, and severe consequences should accompany its violation. Private laws are laws that involve an agreement between two business organizations. It spells out the rules that will guide them through their business relation journey.
What the author wanted to illustrate is the importance of a contract. When a deal does not serve its purpose and is violated without any step being taken, it cannot be called a contract. He also wanted to show how privacy laws are proving to violation by the members. When a case is presented in a court and entails a breach of contract, the court has jurisdiction to rule how it wants. There are no specific rules that cover the deal, and that's why the judge can use his knowledge to rule over such cases. That's why warranties should also be well spelled out to solve issues that may arise concerning the violation of it. It should not favor any party involved in it.