Courts in the 17th and 18th Century Were Far Less

question 22

Multiple Choice

Courts in the 17th and 18th century were far less willing than they are today to interfere with a bargain struck by two parties.There were a number of reasons for this.Which of the following is least likely to have been one of them?

• A)The courts were not aware that this approach frequently led to injustice in particular cases.
• B)With fewer laws to regulate behaviour in those times, there was little but the contract from which they could draw guidance as to how to resolve a dispute.
• C)There was a real risk of social conflict and chaos if citizens, and the courts, could not be relied upon to uphold bargains.
• D)Contract terms in that era were more likely than in modern times to be individually negotiated and, in that sense, consumers had a more real chance of being able to protect their own interests.

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Definitions:

Leasehold

An estate or interest in property held under a lease, granting the holder the right to use and occupy the property for a specified period under certain conditions.

Profit a Prendre

A legal right granted to a person to enter another's land and take away some part of the land's produce or mineral deposits.

Restrictive Covenant

A clause in a contract or agreement that imposes limitations or conditions on the actions of one or more parties, typically to protect business interests.

Remainderman

A third party with the right to the remainder of the fee simple after the death of a life tenant.