Where is the Freedom in Freedom of Contract? A Comment on Trebilcock's the Limits of Freedom of Contract
Osgoode Hall Law Journal, Vol. 33, p. 259, 1995
13 Pages Posted: 28 Jul 2008
Date Written: January 1, 1995
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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