 | Gordon Morris Bakken - Law - 2000 - 560 pages
...court interpreted it from precedents, particularly three that would act as guidelines. Public policy "is that men of full age and competent understanding...shall have the utmost liberty of contracting, and that their contracts, when entered into freely and Voluntarily, shall be held sacred" (Registering... | |
 | James Willard Hurst - Business & Economics - 2010 - 207 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... | |
 | William M. Wiecek - Law - 2001 - 286 pages
...nineteenth century. In 1875, Sir George Jessel, Master of the Rolls, set the tone when he proclaimed 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 be enforced... | |
 | Clarisse Girot - Law - 2001 - 465 pages
...century.1 The most representative judicial quotation of that time is a statement by Sir George Jessel:2 '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... | |
 | Martin Chanock - History - 2001 - 571 pages
...which say that a given contract is void as being against public policy because if there is one thing more than another public policy requires, it is that...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... | |
 | Petar Sarcevic, Petar ar?evi?, Paul Volken - Law - 2001 - 266 pages
...force of law for the parties.' The same idea was graphically expressed by an English judge who said: Tf there is one thing, which more than another public policy requires, it is that men of mil age and competent understanding shall have the utmost liberty of contracting.'18 Party autonomy,... | |
 | Dan Friedmann, Daphne Barak-Erez - Law - 2001 - 393 pages
...Printing and Numerical Registering Co v. Sampson,14 "men of full age and competent understanding [should] have the utmost liberty of contracting, and . . ....contracts when entered into freely and voluntarily [should] be held sacred and [should] be enforced by Courts of justice". However, with the development... | |
 | J. M. Smits - Law - 2002 - 306 pages
...contract' is sacrosanct. Jessel provides the classical formulation of this attitude in a judgment of 1875: 'If there is one thing, which, more than another,...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... | |
 | S. M. Waddams - Law - 2003 - 247 pages
...influence, for the conclusion itself rested on the judge's perception of what public policy required: If there is one thing which more than another public...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... | |
 | Pursey Heugens, Hans van Oosterhout, Jack J. Vromen - Business & Economics - 2003 - 168 pages
...given one of its most famous legal expressions in 1875 by Sir George Jessel MR: [I]f there is one thing more than another public policy requires it is that...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... | |
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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... 
