The Rise and Fall of Freedom of Contract, Case Study Example

Facts

LeonoreEllish, the appellant, was noted to have parked her car in the airport lot. The owner of the airport had no knowledge of this matter whatsoever and the emergence of such condition has been seen to have affected the overall manner by which the appellant’s case came into emergence. It is claimed by the appellant that after five days of parking her car in the airport, her car is lost and cannot be found anymore. She then demands that the owner of the airport pay for her losses since he was the one who had the control on the airport during the time that her car was parked in there.

Issue

The appellant insists that the fact that she has been repeatedly parking her car in the airport for quite some time, and did not get reprimanded at any point of time, creates an agreement that her actions were alright and that the owner of the airport did not mind so much about it. Nevertheless, there were no existing agreement that the owner was responsible for the care that needs to be implied with the property.

What the appellant wants is for the defendant to take notice of the situation and care that is supposed to be implied on the status of the car while it is still within the territory of the airport. However, in the case that the agreement is formed, the presentation of the case of the of appellant is considered weak [without having any foundations at all]. This means that the possibility of engaging in a more identified pattern of the case’s development.

Decision

The court decides in favor of the defendant, it could be realized that somehow, the court recognizes the fact that the defendant does not have anything against the appellant nor does he have responsibility towards the properties of the appellant. The court further understands that the emergence of good agreement should have been based on a written understanding rather than a simple consideration over the thought of agreed condition of knowledge over the agreement of kindness [where no verbal options are considered necessary to exist].

Reasoning

It could be observed that there are different considerations taken into account by the court especially in making sure that they are able to give attention to the most important points of the case, especially when it comes to defending the rights of the airport owner to reserve the right to deny the appellant of the supposed expected services that he is expected to provide the appellant with. Most likely, since there is no concrete agreement between the appellant and the defendant, there is no concrete reason for the defendant to be considered guilty of the matter.

Observations

It could be observed from this case presentation that when it comes to the basic principles of agreement, when there is no specific course of solid agreement that could be read through a written or verbal contract, then there is no consideration to such matter that should be considered necessary of recognition; thus not holding the defendant guilty of the case that is being presented against him.

Works Cited

Ewan McKendrick, Contract Law – Text, Cases and Materials (2005) Oxford University Press.

P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press.