A scholarly legal article by Rusul Yahya titled "The Legal Regulation of Contracts."

07/10/2026   Share :        
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A contract is the primary means by which people organize their dealings, whether buying a home, renting a shop, or concluding a major commercial deal. Because a contract rests on mutual promises that either party may fail to keep, the law steps in to regulate it, protect the parties, and ensure that obligations are fulfilled. The legal regulation of contracts has thus become the foundation of trust and stability in transactions. In most legal systems, a contract is validly formed only when its essential elements are present: consent, meaning the meeting of offer and acceptance free from coercion, mistake, or fraud; a subject matter that exists or can exist and is lawful; a legitimate cause or purpose consistent with public order and morality; and the capacity of the contracting parties. If one of these elements is defective, the contract is affected: it is void if it lacks a fundamental element, or voidable if one party's consent was tainted. The guiding principle of contract law is that a contract is the law between the parties. The parties are free to set their own terms, and they must perform them in good faith. This freedom, however, is not absolute. The law places limits on it to protect the weaker party, such as prohibiting unfair terms in standard-form contracts, shielding consumers from misleading advertising, and enforcing mandatory rules that parties cannot agree to override. Once a contract is validly formed, if one party breaches its obligations, the other may seek specific performance where possible, termination of the contract, or compensation for the harm suffered. The law also accounts for exceptional circumstances: it eases an obligation that has become excessively burdensome due to unforeseen events, and discharges it entirely when performance becomes impossible because of force majeure. Putting contracts in writing and having them formally certified is among the most important ways of safeguarding rights, particularly for major contracts such as real estate transactions and company formation, since a written record settles disputes over what was agreed. Modern legislation has also kept pace with technology, recognizing electronic contracts and digital signatures given their role in online commerce. In conclusion, the legal regulation of contracts strikes a balance between freedom of will and protection of the weaker party, and between the stability of transactions and the pursuit of justice. The clearer a contract's wording and the more closely it conforms to the law, the fewer the disputes and the greater the trust between the parties.