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http://ssrn.com/abstract=1177142
 
 

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Where is the Freedom in Freedom of Contract? A Comment on Trebilcock's the Limits of Freedom of Contract


Hamish Stewart


University of Toronto - Faculty of Law

January 1, 1995

Osgoode Hall Law Journal, Vol. 33, p. 259, 1995

Abstract:     
Michael Trebilcock's recent exploration of the limits of freedom of contract systematically considers both the instrumental and the intrinsic value of freedom or autonomy in an economic analysis. A third way of thinking about the value of freedom of contract is to take it as a presupposition of contract law: that is, freedom of contract is not just instrumentally or intrinsically desirable, but is conceptually necessary to contract law. Two examples are presented to suggest that by not considering this third perspective, Trebilcock leaves himself without a structure in which to deal with some of the issues that trouble him.

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Date posted: July 28, 2008  

Suggested Citation

Stewart, Hamish, Where is the Freedom in Freedom of Contract? A Comment on Trebilcock's the Limits of Freedom of Contract (January 1, 1995). Osgoode Hall Law Journal, Vol. 33, p. 259, 1995. Available at SSRN: http://ssrn.com/abstract=1177142

Contact Information

Hamish Stewart (Contact Author)
University of Toronto - Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
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