What is the scope of the freedom of contract clause of the US Constitution?
The freedom of contract clause of the US Constitution grants individuals the right to enter into contracts and to have those contracts enforced by the courts. This clause is important because it protects individuals from the government imposing any type of mandatory contract or restraint on trade. In New York, this clause has been interpreted broadly to include the freedom to choose a company or supplier for a particular need, such as price, quality, or selection. This freedom of choice may be limited in certain instances to protect the public, such as when contracts involve public safety. The freedom of contract clause also gives individuals the right to enter into private agreements, such as employment contracts, ownership agreements, and other forms of association. This protects individuals from the state interfering with their ability to earn a living or to own and control property. Overall, the scope of the freedom of contract clause of the US Constitution is broad and encompasses a wide range of personal and financial rights. By protecting the rights of individuals to enter into contracts with one another, the freedom of contract clause preserves the fundamental right of people to make decisions about their lives and economic prospects. As such, it is an important part of the US Constitution and legal system in New York.
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