Social Contract Research

The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.

“What man loses by the social contract is his natural liberty and an unlimited right to everything he tries to get and succeeds in getting; what he gains is civil liberty and the proprietorship of all he possess” (Jean-Jacques Rousseau). A social contract is a deal made by an individual to give up specific rights to gain government protection. Just like a contract, a social contract can be an agreement over several different things. The social contract in the United States is and has been the same for every citizen; when going to a different country this contract may be different. Contracts in other countries may consist of giving up all individual rights, even natural rights, for government protection. A social contract is used in every government as it is an agreement from an individual to have a government to live by. In the quote above Jean-Jacques Rousseau talks specifically of an American social contract; a social contract from a different country may not have the agreements such as, proprietorship of all possessions a citizen might own. A social contract and natural rights go hand in hand when discussing government, but as I mentioned earlier, a social contract doesn’t always guarantee natural rights to its citizens. In the United States, natural rights are a major discussion that is often brought up, this is due to our constitution, which gives us these natural rights legally.

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also

Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full

In this TEDTalk, Steven Pinker introduced an interesting trend in societal violence. The talk began by presenting fax that showed a dramatic decrease in the amount of violent crime beginning as far back as the earliest human hunter-gatherers. In many places during that time period, the chances of dying at the hands of another human were as high is sixty percent. Although the media and people tend to believe we are living in a time of extreme violence, we are actually living during one of the most peaceful times in human history. Even though the 20th Century witnessed tragedies such as the Holocaust, Rwanda, Stalin’s mass executions, and two World Wars, the chances of a human by violent means was less than three percent.

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

"The current federal system of government in the United States is failing to meet its social contract obligations to the American people." There is nothing closer to the truth than this statement. While some may argue that the government is following the guidelines of a social contract, many aspects of the government have outgrown their britches and taken over.

Shelbie, you presented great information in your discussion post. I suppose the only view or thing that they have in common is the fact that they both are considered to be social contract theorists, besides that they can't even compare. Society is certainly something that came first, it has always been around, even before people have considered what there morals are. Many individuals today are unsure as to what there morals are today and would fail to supply one with a couple of there morals/beliefs.

In the first case, even if Larry refuses to pay to Rusty the extra money he promised, Rusty cannot sue him. The reason for this is that Rusty is taking money for the same thing he has done or will be going to do for Coco. Larry’s promise to pay him extra will be considered as a gift as there was no consideration given in exchange by Rusty. Rusty was already suppose to fit new locks for which he had an agreement with

Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)

Social contract denotes that a government or sovereign body exists only to serve the will of the people because the people are the source of political power that is enjoyed by the entity. The people can choose to give or withdraw the power. Not all philosophers agree that the social contract creates rights and obligations; on the contrary, some believe that the social contract imposes restrictions that restrict a person’s natural rights. Individuals who live within the society gain protection by the government from others who may pursue to cause them injury, in exchange, the citizens, must relinquish individual liberties like the capability to commit wrongdoings without being reprimanded, and they should contribute to making society

would give 100 £. The company then deposited 1,000 £ in a bank to show

The quality of your individual life would greatly improve in utopia. The burdens you face from corporate monopolies, the overwhelming weight of the devaluation of your currency and the lack of faith in your neighbors to achieve a civilization of peace and mutual respect has taken its toll for too long. Although this sounds as if it was taken directly from George Orwell’s book (1984) itself, the propaganda of a utopian government rule and the current everlasting war breathes as it’s on self-reliant organization today. Weary of the multiple political parties that are emerging every three seconds, we are faced with a question that has been proposed since the beginning of logical thinking. Is it

other in order to form a contract, the value of the consideration need not be

Social Contract theory is the idea that in the beginning people lived in the state of nature with no government and laws to regulate them. In order to overcome the issues involved in the state of nature, people entered into agreements to protect themselves and their properties. They did this by uniting, rescinding certain rights under the state of nature, and pledging themselves to an authority that will guarantee certain protections. They all agree to live together under those laws and create a mechanism that enforces the contract and the laws that come with it. Some political theorists, such as Thomas Hobbes and John Locke, have differing views as to what the state of nature is and what should constitute as a social contract. One