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Freedom of contract is the principle according to which individuals and groups may form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws , competition laws , economic sanctions , restrictions on price fixing , or restrictions on contracting with undocumented workers .
Sampson and other shareholders in the company had made a contract to sell "all future patent rights" to the company. Sampson began using the information covered by the patent in his own business. The company sued. Sampson argued his agreement should be void and be considered as being contrary to public policy because it lasted for so long.
United States (312 F.2d 418 (Ct. Cl. 1963), cert. denied, 375 U.S. 954, 84 S.Ct. 444) is a 1963 United States Federal Acquisition Regulation (FAR) court case which has become known as the Christian Doctrine. The case held that standard clauses established by regulations may be considered as being in every Federal contract.
The Rise and Fall of Freedom of Contract (1979) is a legal-historical text on the changes in the concept of freedom of contract by English Professor Patrick Atiyah. It was published by the Oxford University Press, and a paperback edition was released in 1985.
Contra proferentem (Latin: "against [the] offeror"), [1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
A contract concluded between persons who are in different countries is formally valid if it satisfies the formal requirements of either the Applicable Law or the law of one of those countries. Where a contract is concluded by an agent, the country in which the agent acts is the relevant country for the purposes of the earlier tests.
It is a matter of some debate whether freedom of contract can be inferred to be included among these basic liberties: "liberties not on the list, for example, the right to own certain kinds of property and freedom of contract as understood by the doctrine of laissez-faire are not basic; and so they are not protected by the priority of the first ...
PS Atiyah, The Rise and Fall of Freedom of Contract (Oxford 1979) AWB Simpson, A History of the Common Law of Contract: the Rise of the Action of Assumpsit (1987) OW Holmes, The Common Law especially lecture 7; Decock, Wim (2013). Theologians and Contract Law : The Moral Transformation of the Ius commune (ca. 1500-1650). Leiden/Boston: Martinus ...