Contract Violation, Enforcement, and the Polluter Pays Principle: A Reflection on Private Law and Corporate Responsibility
Overview
This reflection essay examines the nature and importance of contracts as private law mechanisms, drawing on Fuller and Perdue's perspective that contracts require enforceable consequences for violation. The author argues that well-defined contracts are essential for binding parties in business relationships and applies this analysis to the Shell company case, exploring violations of the polluter pays principle and the role of formal contracts in environmental liability.
What this reflection paper covers
- Introduction and agreement with Fuller and Perdue's contract theory
- Contracts as private law and the necessity of specified consequences for violation
- The role of courts in contract enforcement and the importance of clear contract language
- Business relationships and contract requirements between companies
- Application to the Shell company case and polluter pays principle violation
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Reflection Essay
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Reflection Essay
I agree with the author of Fuller and Perdue words that says, "if a contract represents a kind of a 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". Normally, a contract should be followed, and serious consequences should accompany its violation. The aim of a deal is to bind two parties together, and it should also spell out the consequences of violating the premises.
What the author wanted to illustrate is the importance of a contract. When a contract does not serve its purpose and is violated without any step being taken, then it cannot be called a contract. When a case is presented in a court and it entails a violation of contract, the court has jurisdiction to rule how it wants. There are no specific rules that cover contracts, and that's why the judge can use his knowledge to rule over such cases. That's the reason why contracts 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. A contract can be viewed as a private law since it only concerns business matters between organizations and not the public.