Date: Thu, 8 Nov 2007 17:41

From: Stephen Smith

Subject: Lost quote

The quote might be from Horwood v Millar's Timber & Trading [1917] 1 KB, where Lord Cozens-Hardy invalidated a contractual stipulation that a debtor not change his residence or employment, part with any possessions, or incur any moral or legal obligations, stating at 311:

It is no answer to say that an adult man, as to whom undue pressure is not shown to have been exercised, ought to be allowed to enter into any contract he thinks fit affecting his liberty of action ... No one has a right to deal with a man's liberty of actions as well as his property.

Of course this does not cover bodily integrity or reputation.

steve

Stephen A. Smith
Professor & William Dawson Scholar
Faculty of Law, McGill University
3674 Peel St.
Montreal, Quebec H3A 1W9
1-514-398-6633
fax: 1-514-398-3233

-----Original Message-----
From: Jason Neyers
Sent: Wednesday, November 07, 2007 4:02 PM
Subject: Lost quote

Dear Colleagues:

I remember reading (and liking) a quote by one of the judges in the early unlawful means or conspiracy cases to the effect that we don't have a right to trade, just the ordinary rights to our bodily integrity, reputation, contracts etc. I cannot seem to locate it again. Does anyone have any idea where I could find it? Any help would be greatly appreciated.

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