What is the scope of the freedom of contract clause of the US Constitution?

The freedom of contract clause of the US Constitution is an important part of our nation’s system of laws. It ensures individuals have the right to enter into agreements to buy and sell goods or services, and that such agreements are enforced by the courts. This right is established through the Commerce Clause, which gives Congress the power to regulate interstate commerce. The scope of the freedom of contract clause includes the protection of both individuals and businesses from having their agreements unfairly terminated by the government. This means that a person or company has the right to enforce the terms of a valid agreement and sue for damages in the event of a breach of contract. The freedom of contract clause also sets limits on state laws that could significantly affect the ability of individuals or businesses to make and enforce contracts. For example, state laws cannot override the federal government’s regulation of interstate commerce, or its power to declare laws or contracts invalid if they are too restrictive or favor one party over the other. Finally, this freedom of contract is also subject to certain exceptions, such as fraud, duress, or public policy. These exceptions are intended to protect the rights of individuals and businesses from agreements that were made under unfair or illegal circumstances. In summary, the scope of the freedom of contract clause of the US Constitution is wide-ranging. It protects individuals and businesses from having their agreements unfairly terminated by the government, limits state laws that could significantly affect people’s ability to make and enforce contracts, and provides exceptions for certain types of agreements.

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What is the scope of the freedom of contract clause of the US Constitution?

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