This chapter studies the features of legally binding contracts by examining the manner in which the terms of a contract are regulated through statutory intervention. Such legislative measures have come about as a response to the unequal bargaining positions of consumers as contracting parties in business contracts, and the idea that laissez-faire can be contrary to public policy and fairness, for example with certain exclusion clauses. Some examples include statutes such as the Consumer Rights Act 2015 and the Sale of Goods Act 1979 that imply terms into contracts, and the Unfair Contract Terms Act 1977 that regulates the parties’ use of exclusion clauses. This protects the weaker party to a contract from exploitation and provides minimum rights that may not be waived.
Chapter
9. Statutory regulation of contracts
Chapter
7. Law-making
This chapter discusses law-making. First, it considers the different types of legislative measures, including the special arrangements introduced for law-making in preparation for Brexit. It then examines the methods of control and influence used before and during the consideration of legislation by Parliament, including analysis of the recently abandoned experiment with ‘English Votes for English Laws’. It concludes by analysing the process of judicial review of delegated legislation.
