Answered You can hire a professional tutor to get the answer.
Write 2 page essay on the topic The contractual doctrine of illegality through public policy places far too much discretion into the hands of the judiciary to allow a contract to be struck out simply
Write 2 page essay on the topic The contractual doctrine of illegality through public policy places far too much discretion into the hands of the judiciary to allow a contract to be struck out simply based upon the personal preference of the individual judge To what extent do you.
The courts have been very rigid throughout history when it comes to the public policy. The rule is that ignorantia juris non excusat (ignorance of the law is no excuse). Therefore, the courts simply reject any arguments that any of the parties did not know the relevant law and they broke it unintentionally.
The strictness has been sometimes observed as being responsible for the making of potentially abrupt decisions. As a principle, the decisions of the courts must be impartial and objectivity must be given the utmost importance. The fact that the individual preferences of judges have a great impact on judgments of singular cases, the contracts that are allegedly against public policy are often adjudicated too hastily.
I think that if the involvement of personal preferences of the judiciary is inevitable, the decisions must be made fairly. The courts are the epitome of achievement of justice through objective and neutral analysis. There is a certain possibility that individual preferences may prevail over all other principles and ethics because the judiciary is made up of human beings. Human errors may lead to faulty and unfair decisions and that should not be considered as the failure of law. The judiciary, however, should not be influenced by the individual preferences because this would tend to be at the cost of neutrality and if neutrality is given up then the general public might lose its faith in the courts.
If that is indeed a fact that the individual preferences of judges are involved then it is very important that what influences those preferences. As a judge, a decision must be reached at after careful and objective examination of circumstances. Each and every observation must be free from bias. If a decision is reached after following the principles of objectivity and neutrality, it is deemed to be a fair decision.
In the case of contracts made against public policy, the same
