Contracting Out Of A Statute - Definition - Law Dictionary Home Dictionary Definition contracting-out-of-a-statute

Definition :

Contracting out of a statute. In accordance with the maxim, Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto, persons for whose benefit a statute has been passed may contract with others in such a manner as to deprive themselves of the benefit of the statute, as, for instance, the benefit of the Employers Liability Act, 1880; see Griffiths v. Earl of Dudley, (1882) 9 QBD 357.

Certain Acts prohibit 'contracting out' or impose limitations. For example, by s. 1 (3) of the Workmens Compensation Act, 1925, contracting out of the Act is allowed upon the certificate of the Registrar of Friendly Societies that a proposed scheme of compensation is not less favourable to the workmen than the scheme of compensation provided by the Act. See also s. 45 of the Agricultural Holdings Act, 1923; and s. 146 (12) of the (English) Law of Property Act,1925, which provides for relief against the forfeiture of a lease; and also ss. 95 and 96 as to mortgages which exclude contracting out, whereas s. 93 (1) allows it. Again, s. 9 of the (English) Landlord and Tenant Act, 1927, excludes contracting out except for adequate consideration. See CONTRACT, FREE-DOM OF.