3.8.3 Freedom of Contract Constraints

• Jurisdiction: Arizona

Freedom of contract, then, is clearly an Arizona judicial imperative, deemed well calculated to promote the freest flow of commerce when uninhibited by unwarranted restraints. The marketplace and its merchants will establish, through mutual assent, appropriate remedies, commensurate with the negotiated consideration.

With respect to the sale of goods, this judicial adherence to laissez-faire is somewhat tempered by the Uniform Commercial Code. So, too, in construction law, the Arizona Legislature...