Freedom of Contract in UK: Analysis of Restrictions on Capacity to Contract for Minors, Mentally Incapable and Drunk People

Running Head: CONTRACT LAW 0
FREEDOM OF
CONTRACT
UNITED KINGDOM

CONTRACT LAW 1
Introduction
In this essay the following principle i.e. “Everyone should be able to enter into a contract. The
restrictions set by contract law on the capacity to contract for minors, the mentally incapable and
people who are drunk at the time of the contract should be scrapped" will be analyzed, explained
and examined in detail considering cases. Freedom of contract is a concept of the judiciary which
determines that the formation of a contract is based on the agreement made mutually and with
free choice. So the contracts are not hampered by external contracts such as the interference of
the government. The main raised question i.e. whether all the people must be allowed to enter
into a contract? And in this, all means the vulnerable people like the minors, drunks and the ones
who are of unsound mind.
Different categories of people getting protection under
this policy
A contract can be well-defined as that ability of an adult through which it make a legally binding
agreement with two or more parties having a common interest and with no interference of the
government and the obligations which can be imposed on him or her1. When the question arises
regarding the people who are legally binding or have the capacity to enter into a contract, then
the answer attained is that the people who are minors in the eyes of laws or are placed in the
special categories are the ones who lack entry into the contract. Contracts entered by incapable
people are called voidable contracts which can be either permitted or be ended2.
1 Mr. John Adriaanse Construction contract law (Macmillan International Higher Education 2016).
2Ewan McKendrick Contract law: text, cases, and materials (Oxford University Press 2014).

CONTRACT LAW 2
Printing and Numerical Registering Co. v Sampson (1875) 19 Eq 462 it is a case related to the
English contract law and patent. The most distinguished and robust encouragement of freedom of
bond policy was brought before by Sir George Jessel MR. In this case it was remarked that the
contract which was made for the betterment of the public policy and in good faith cannot be
considered to be void or voidable unless they are not done by the express interest of both the
parties without any forcing or threatening conditions3.
This situation thus protects the lacking party form being forced to continue up with the deal.
Some categories of people who get protection of contract upon limitation or their ability to enter
into contract or the people who do not have the capacity to enter into a legally binding
agreements are as follows, First one in the minors, who are under the age of 18 years lacks the
capacity to make contracts or gets its protection. A contract signed by the minor either gets
honored or becomes void. However, there are a few exceptions to these provisions, for example,
there are some nations in which the contract made by a minor is not considered as a void in case
of its necessities like food, clothing, and lodging, etc. A contract may also be considered as void
if done by a child even after attaining majority if he/she lacks capacity4.
For example, a boy of 17 years of age who was a paraglide who signed an extended time period
contract or an authorized contract for sportswear. He did that work for several years but at the
age of 19 for taking up with the better endorsement deal, he wanted to give up or void the deal.
For this, he claims that he was lacking capacity at the time he made the contract as he was just 17
years of age.
3 Oren Bar-Gill and Omri Ben-Shahar, ‘Regulatory techniques in consumer protection: a critique of European
consumer contract law’ (2013) 50(1) Common Market Law Review 109-125.
4 Mariana Pargendler, ‘The role of the state in contract law: The common-civil law divide’ (2018) 43 Yale J. Int'l L.
143.