Future Freedom and Freedom of Contract

(1996) 59 Modern Law Review 167-187.

32 Pages Posted: 27 Nov 2015

See all articles by Stephen Smith

Stephen Smith

McGill University - Faculty of Law (deceased)

Date Written: May 25, 1996

Abstract

This essay defends John Stuart Mill’s view that the law’s refusal to enforce self-enslavement contracts is justified on the ground that the ‘principle of freedom cannot require that he [the would-be slave] be free not to be free’. Moreover, the essay argues that a concern for future freedom justifies not only the courts’ approach to self-enslavement contracts, but also the courts’ scrutiny of a number of other ‘autonomy-endangering agreements’, specifically: (a) restrictive covenants, (b) ‘equitable relief’ clauses (clauses specifying specific or injunctive relief) and (c) stipulated damages clauses.

Keywords: Contracts, contract law, remedies, private law theory

JEL Classification: K10, K12, K40

Suggested Citation

Smith, Stephen, Future Freedom and Freedom of Contract (May 25, 1996). (1996) 59 Modern Law Review 167-187., Available at SSRN: https://ssrn.com/abstract=2695531

Stephen Smith (Contact Author)

McGill University - Faculty of Law (deceased)

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