Future Freedom and Freedom of Contract
(1996) 59 Modern Law Review 167-187.
32 Pages Posted: 27 Nov 2015
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: Suggested Citation