Words and phrases

 

Policy considerations

Generally, the courts decide cases by applying rules of law to the material facts. However, the way in which the law is applied in particular cases may be affected by other, non-legal, factors. One of these factors is 'public policy'.

Public policy consists of the widely agreed objectives or values that a community adopts from time to time. For example, it is an aspect of current public policy in Australia that agreements which unreasonably restrict a person's ability to engage in employment or trade should not be enforceable. This policy limits the general rule that parties are free to enter into contracts on whatever terms they agree to.