Law Commons^™

A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton

Faculty Scholarship

This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …