One of our true and greatest freedom we have today is the freedom to contract.

Every contract can be legally enforced by the courts from time immemorial.

Throughout the years, up to this day¹, numerous cases have quoted a famous English case from 1875 that stated the idea are as follows:

if there is one thing which more than another public policy requires it is that men … 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 justice². 

1  See e.g. the 1900 case of Baltimore & OSR Co v Voigt, 176 US 498 (1900) at 505-506; and the 2015 case of Royston, Rayzor, Vickery, & Williams, LLP v Lopez, 467 SW (3d) 494 (Tex Sup Ct 2015).

        2  Printing & Numerical Registering Co v Sampson (1875), 19 LR Eq 462 at 465 (CA (Eng)).

Terms of Art

Words v. Terms

In common language, most words have only one meaning.

Those that have more than one meaning can usually be understood from the context.

Terms are words or phrases that have a specialized meaning for a particular group or profession. The tricky part is that the term usually looks like a common word, and seems to represent the common word and people presume its common meaning.

Lawyers, incidentally, often use terms instead of words.

This is usually the intent when a term is put in place of a word – for people to presume the common meaning.

American Dictionary of the English Language: Noah Webster 1828 (a.k.a. sovereign‘s dictionary) was published in 1828 before ―terms of art‖ became widely used in laws,

statutes and codes.

Black‘s Law Dictionary, first published in 1890 and subsequent edition, reveals the increasing dependence of the legal profession on specialized terms. With each new edition, the editors hide more of their sources, making the study of law trickier and less certain.

―Term – A word or phrase; an expression; particularly one which possesses a fixed and known meaning in some science, art, or profession.

Black's Law Dictionary Sixth Edition

Let's take one word the common everyday people use

"PERSON"

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In the Internal Revenue Code, it defines person offering 7 terms.

Internal Revenue Code 26 USC 7701(a)(1)

(1)Person

The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.

I think it’s safe to say that most people would eliminate 6 of the terms; obviously you’re not a company or corporation, association, partnership, estate, a trust. The only term left is “individual”

Black’s Law Dictionary 6^th edition defines person as in general usage, a human being (i.e. natural person) though by statue term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

Also Black’s Law Dictionary we find the definition of Individual.

As a noun, this term denotes a single person as distinguished from a group or class, and also, very commonly, a private or natural person as distinguished from a partnership, corporation, or association; but it is said that this restrictive signification is not necessarily inherent in the word, and that it may, in proper cases, include artificial persons.

As an adjective, “individual” means pertaining or belonging to, or characteristic of, one single person, either in opposition to a firm, association, or corporation, or considered in his relation thereto.

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