Freedom of Contract
/ˈfriːdəm əv ˈkɑːntrækt/
Definitions
- (n.) The principle that individuals have the autonomy to negotiate and enter into contracts without government interference, within legal limits.
The doctrine of freedom of contract protects parties’ rights to determine terms freely.
- (n.) A legal doctrine limiting courts’ ability to invalidate contracts based on unfairness or unequal bargaining power, emphasizing enforcement of agreed terms.
Under freedom of contract, courts generally uphold contracts unless illegal or unconscionable.
Forms
- freedom of contract
- freedoms of contract
Related terms
See also
Commentary
Freedom of contract is fundamental in contract law but is balanced by public policy and protections against unequal bargaining power.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.