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'The Principle Against Self-Enslavement in Contract Law'

Saprai, P; (2009) 'The Principle Against Self-Enslavement in Contract Law'. Journal of Contract Law , 26 (1) 25 - 44.

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Abstract

The article argues that there is a principle against self-enslavement contracts in English law. The courts, for paternalistic reasons, refuse to enforce contracts or contract clauses that have the effect of enslaving one or both of the contracting parties. This principle explains the invalidity of restraints on personal freedom; restraints of trade; and equitable relief clauses, that is, clauses that require, in the context of breach of a contract for services, either specific performance or an injunction. Instructive similarities between these cases are brought out once it is acknowledged that they are underpinned by a concern to prevent contracting parties from being exploited by giving up too much of their future freedom.

Type:Article
Title:'The Principle Against Self-Enslavement in Contract Law'
Location:Australia
Publisher version:http://www.lexisnexis.com.au/aus/products/catalog/current_htm/jcl.asp
Language:English
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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