Contracts and the laws impacting contracting impact all aspects of our modern lives.
Contract laws have evolved from the King of England relying on feudal relationships and ignoring voluntary contracts to improving as England became a trading leader. Early traders relied on their own courts, Church courts, and lower courts. As the ideas of freedom grew, the concept of freedom to contract evolved.
In more modern times, the freedom to contract has been impacted by laws such as employment laws and issues such as adhesion contracts.
Why does the government enforce private agreements?
Sovereign individuals and a social contract are one reason.
Natural law and being bound by your own promises as moral and spiritual reasons are other reasons.
Humanism brought in ideas of reliance and need of trade aka the mutual advantage of the contracting parties to promise are another reason.
Posted by: Byron King on 08/01/23 (This information is only accurate as of 08/01/23. You must contact SCR for updates and changes to this information after 08/01/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.