Freedom of contract
idea · 2 works · 4 mentions · 10 anchored passages
freedom of contract · contractual freedom · free trade in labour · a free market · contractual capacity
in the texts
Lectures on the Relation between Law and Public Opinion in England
Freedom of contract, the principle that commercial and labour transactions, including the sale of labour, should be as free as any other trade.
In the name of freedom of contract the crimes of forestalling and regrating (1844, 7 & 8 Vict.
they both, as a part of such freedom of trade, concede, to men and to masters alike, the right to discuss and agree together as to the terms on which they will sell or purchase labour;
To the desire to extend contractual freedom belongs the reform in the Combination Law, effected under the direct influence of the Benthamite school in accordance with the principles of individualism by means of the two Combination Acts of 1824-1825.
Law in a Free State
The principle of unrestricted market exchange and contract between consenting adults, identified as an area of increasing State tolerance.
And to this the anarchists answer that unquestionably the first to go should be those that interfere most fundamentally with a free market, and that the economic and moral changes that would result from this would act as a solvent upon all the remaining forms of interference.
He finds that while the State tends to suppress violence and fraud and stealth with ever-increasing severity, it is at the same time more and more tolerant, not from sympathy, but from necessity, of the results, good, bad, and indifferent, of free contract between full-grown sane men and women.