Introduction
The doctrine of freedom of contract provides that one is free to enter (or not to enter) into a contract without interference or restriction. A person has the freedom to choose with whom to contract, whether or not to contract, and on what terms to contract.
In Printing & Numerical Registering Company v Sampson (1875) 19 Eq 462, the court underscored the doctrine of freedom of contract when it held as follows:
“If there is one thing more than another that public policy requires, it is that man 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 and shall be enforced by courts of justice. Therefore, you have this paramount public policy to consider -that the courts are not likely to interfere with this freedom of contract.”
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