Question

*** quoLULIS.
Write an article for the children's section of a newspaper cautioning Stud
udents not to
trust advertisements blindly.
(advertisements influence our choices - instances of negative advertisements
product descriptions inaccurate or false - must be judicious when making choices
go in depth onto details of products - compare similar products before deciding)
​

Answer 1

Answer:

Explanation:

The idea of freedom has been closely associated with the common law of contracts for

centuries. At least since the heyday of classical contract in the 19th century, the slogan in the

courts of law has been ‘freedom of contract.’1 This ideal grounds the fundamental tenet of

classical jurisprudence: the courts’ role is to enforce the deal terms that the parties bargained

for—pacta sunt servanda.

2—not to make the contract for the parties. Whether the deal was fair,

favorable for the community or fraught with risk is irrelevant to this principle of enforcement,

even if there are exceptional cases.

Notice, though, that freedom of contract is an ideal that does not tell a court how to

construct the contract from the deal. I am not referring to the controversial parol evidence rule

that tells courts to privilege written deal terms over oral ones. Whether written or oral, the

question remains: how far do deal terms reach? Do they bind the parties even in future

circumstances that the parties did not plan for or price, where the deal that was expressly defined

would make little sense? The answer that has dominated the courts of law for hundreds of years is

that they do. I will call this answer to the reach of deal terms formalistic construction.

Formalistic construction puts the state police power behind deal terms as if they were

meant to bind under all extenuating circumstances. Consider the 1647 case that is still cited as

precedent for this jurisprudence.3

Jane agreed to let land for four years from Paradine