 | Reinhard Zimmermann, D. P. Visser - History - 1996 - 1218 pages
...nineteenthcentury contract theory as articulated in Sir George Jessel MR's celebrated statement that 'if there is one thing which more than another public...shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall not be... | |
 | Reinhard Zimmermann - Contracts (Roman law) - 1996 - 1316 pages
...circumstances be honoured.214 Thus, it became the hallowed basis of "classical" contract doctrine. "(I|f there is one thing which more than another public...shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced... | |
 | Hein Kötz, Axel Flessner - Comparative law - 1996 - 464 pages
...contract is void as being against public policy, because if there is one thing more than another which public policy requires, it is that men of full age...understanding shall have the utmost liberty of contracting and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced... | |
 | Michael G. Bridge - Consumer protection - 1998 - 722 pages
...strongly by Jessel MR in Printers & Numerical Registering Co. v. Sampson (1875) LR 19 Eq. 462, 465: '[I]f there is one thing which more than another public...shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced... | |
 | James W. St.G. Walker - Political Science - 2006 - 464 pages
...prevailing principle in the English legal tradition: If there is one thing more than any other which public policy requires, it is that men of full age...shall have the utmost liberty of contracting, and that contracts, when entered into freely and voluntarily, shall be held good and shall be enforced... | |
 | Richard A. Epstein, A Epstein - Political Science - 2009 - 378 pages
...arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public...shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced... | |
 | David E. Nye - Technology & Engineering - 1999 - 358 pages
...or a road between two points). One judge declared: "If there is one thing more than any other which public policy requires, it is that men of full age...shall have the utmost liberty of contracting, and that contracts, when entered into freely and voluntarily, shall be held good and shall be enforced... | |
 | 1998 - 394 pages
...master of the rolls, announced with supreme assurance: "if there is one thing more than another which public policy requires, it is that men of full age...understanding shall have the utmost liberty of contracting"; "freedom of contract" was, he said, "paramount public policy.""5 Fifty years later, Benjamin Cardozo... | |
 | Jenny Bourne Wahl - Health & Fitness - 1998 - 400 pages
...even if we view the question of unconscionability from the lofty perspective of public policy. "lIjf there is one thing which more than another public policy requires, it is that men of fuil age and competent understanding shall have the utmost liberty of contracting, and that their contracts... | |
 | A. D. M. Forte - Law - 1999 - 241 pages
...a general principle of good faith would be an unwarranted imposition upon the contracting parties: [I]f there is one thing which more than another public...shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced... | |
| |
It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age... 
