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Verena Klappstein


Nowadays the obligation to contract is rarely looked upon. Without reason though, because it is neither outdated nor inoperable. Based on three common law doctrines the obligation to contract goes back to the Middle Ages. It has not lost its relevance, as it can still be found in modern statutory law, such as in the electricity and mail sector. What is more, it is a fundamental institution with a great impact. The analysis showed that the five chosen forms of obligations to contract bear analogical requirements but very similar rationales and economic consequences. It sets impaired market power right and it overstrikes irrational behaviour of market participants. As overall achievement it aligns the range of property, freedom of contract and freedom of competition.

Key Words: Obligation to Contract, Common Calling, Business Affected With a Public Interest, Prime Necessity Doctrine, Supplying Electricity, Collecting And Delivering Mail

How to cite this paper: Klappstein, V. (2014). The obligation to contract in British law. Journal of Governance and Regulation, 3(2-1), 50-64.