The Limits of Freedom of Contract

Trebilcock is unique among the adherents of the economic paradigm for the way he does justice to the complexities of views about the appropriate scope of the market domain. Even while defending the virtues of the market he takes seriously the arguments of feminists and communitarians who emphasize its vices. Above all, he takes seriously the overarching humanitarian agenda of ending deprivation and oppression. -- Margaret Jane Radin, Stanford Law School

Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge.Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?