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Report No. 97

3.3. Freedom of contract and its limits.-

Further, the matter should really be considered on a broader plane, namely, how much freedom of contract should be allowed to the parties. If a contractual clause causes serious hardship and injustice, such freedom has to be curtailed in the interests of society. There is, of course, nothing new in this approach. The question is only one of applying it to the subject now under consideration.

Section 28 of the Indian Contract Act, 1872 - Prescriptive Clauses in Contracts Back

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