Description
‘In 1969 there was a change in climate. Out of winter into spring. It came with the first report of the Law Commission on exemption clauses (Commd. 403) which was implemented in the Supply of Goods (Implied Terms) Act 1973. In 1975 there was a further change. Out of spring into summer. It came with their second report on exemption clauses (Commd. 605) which was implemented by the Unfair Contract Terms Act 1977. No longer was the big concern able to impose whatever terms and conditions it liked in a printed form – no matter how unreasonable they might be…..So the idol of “freedom of contract” was shattered.’ George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1982] EWCA Civ 5 per Lord Denning MR.
Here, Lord Denning MR was of the opinion that the doctrine of freedom of contract had been restricted by the implementation of legislation but to what extent was his view correct? Discuss the extent to which the doctrine of freedom of contract is still important today and the extent to which the doctrine has been restricted.
