233 Summary The Supreme Court and the Lawof Contracts 1920-1989 In the wake of the First World War, during the early 1920’s, the Supreme Court adjudicated a great number of disputes which were largely a result of the economic upheaval caused by the war. Such cases have disappeared almost entirely, and the Court at present deals onlv rarely with commercial contracts. Another type of dispute, which was conspicuous during the period 1945-1960, concerned the interpretation of individuahzed contracts, for sale of land and similar matters. In these cases the Court developed a highly subjective style of reasoning, characterized by concentration on what the parties intended and on what they knew or should have known about each others’ intentions. These decisions are in all probability due to the influence of one judge. Judge Karlgren. Later cases are more concerned with objective facts, such as the statements and the actions of the parties concerned. The Court’s arguments are often based on clear issues of policy. Much of this case law concerns the protection of consumers and the control and maintenance of standard form contracts. Indeed, at present the control seems to be a more important element than giving effect to the parties’ intentions. However, the control often results in admitting the justification of standard form clauses or the practice of business, as opposed to the statutorv rules or the exact wording of contracts. The concern with issues of policy has sometimes led to decisions of principle, suitable as precedents for the future. There are, however, also cases in which so many particular facts are invoked in favour of the decision that the judgement appears to be an ad hoc one. The author ventures to express his preference for the former kind of decision.
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