Freedom Of Contract Flashcards
1
Q
What is freedom of contract
A
Rights to freely negotiate terms without interference from giverentment
There is an issue of voluntariness
2
Q
What is the French term for freedom of contract
A
Laissez-faire
Meaning let it be
Minimal government interference
3
Q
Examples of freedom of contract
A
Employment- negotiate terms like salary
Commercial- negotiate sales of good/ services
Consumer- agreements between purchasing
Real estate- related to buying and selling
4
Q
What did Jessel say
A
Individuals should have the utmost liberty to enter into agreements
5
Q
What did nozick say
A
Viewed freedom as an expression of autonomy and aspect of a minimal state
6
Q
What did Atiyah say
A
Rise and fall of the concept of freedom
Noted its prominence in 18th/19th century and its decline
