Human Rights and English Contract Law: Parallel Worlds?

34 Pages Posted: 6 Sep 2016

See all articles by Francois du Bois

Francois du Bois

University of Leicester - School of Law

Date Written: September 4, 2016

Abstract

This paper examines the influence of fundamental rights on English contract law since the enactment of the Human Rights Act 1998. Its aims are two-fold – to provide a first comprehensive analysis of this phenomenon in English law and to tease out the factors which have shaped its contours. The paper accordingly explores each of the various routes by which fundamental rights may touch on English contract law: direct statutory horizontality, public liability horizontality, remedial horizontality, and substantive horizontality. It is shown that although all permutations of horizontality have featured in contract litigation before English courts, the actual influence has been slight. Indeed, the gap between contract law and fundamental rights is so wide that the contractual origin of a person’s legal position frequently features as a reason against finding a human rights violation. The causes uncovered are complex and impossible to reduce to a single factor. The analysis nevertheless opens up a fresh perspective on the constitutionalisation of contract law: it is not so much a normative phenomenon universally furthering specific values as a particular legal technique the impact and value of which are decisively moulded by the local environment in which it operates.

Keywords: Contract, Human Rights, Horizontal Application, Constitutionalisation of Private Law

Suggested Citation

du Bois, Francois, Human Rights and English Contract Law: Parallel Worlds? (September 4, 2016). University of Leicester School of Law Research Paper No. 16/31. Available at SSRN: https://ssrn.com/abstract=2834625

Francois Du Bois (Contact Author)

University of Leicester - School of Law ( email )

University Road
Leicester, LE1 7RH
United Kingdom

HOME PAGE: http://www.le.ac.uk

Register to save articles to
your library

Register

Paper statistics

Downloads
197
rank
150,591
Abstract Views
606
PlumX Metrics