Contract Law - Answering Exam Questions Part 1
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- Опубліковано 22 вер 2021
- Contract Law - Answering Exam Questions Part 1
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“The difficulty which is apparent through nearly all the reported cases is the reconciliation of two principles…(1) that of freedom of contract, by which a person is held bound by an agreement into which he had deliberately entered and (2) that of freedom of work by which an employer is prevented from restraining a servant from exercising his energies in work for himself or others to an extent greater than is necessary for the protection of the employer.” Per Palmer A. J. African Lakes Corporation v Murrey (1947) SLRNR 166
Is it valid to talk of reconciliation of the two principles rather than a sacrifice of either?
[25 Marks]
I am having a challenge answering this question counsel Jenny!
Whenever you are answering an essay question where the quote is taken from a case, it is important in such circumstances to see what the case itself was about (facts and substance). I am not familiar with the case, however, the way the question is structured, it appears that there is a competing consideration between freedom of contract (1) and employment contracts (2). So once you know the facts and the reason for Palmer's statement, you then determine if you agree, (or disagree) and find cases to support the position you've taken.
@@LawSessions oh perfect! It's more clear now. I am on it thank you very much counsel Jennifer 🥰.
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