Common law was ideologically justified as protecting free trade

Evidence

The common law doctrine, said the report, “is caveat emptor… . In other words, the Common Law allows parties to make their own bargains, and when they are made, holds them to a strict compliance”; the civil law, on the contrary, with its dangerous doctrine of implied warranty, “looks upon man as incapable of judging for himself, assumes the guardianship over him, and interpolates into a contract that which the parties never agreed to. The one is protective of trade, and a free and rapid interchange of commodities—​the other is restrictive of both.” — Lawrence M. Friedman, A History of American Law, 1570

Categorization

• DEFINE: Defines the ideological contrast of caveat emptor vs. implied warranty underpinning common vs. civil law.