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PROMISES OF SILENCE: CONTRACT LAW AND FREEDOM OF SPEECH

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n an article written over thirty years ago about contracts that vio- late public policy, Professor M.P. Furmston noted that "[o]ne of the most interesting unresolved points is the extent to which one can sell one's silence."2 Although Professor Furmston was discussing English jurisprudence when he made this observation, his words were, and remain, equally true of American law. The extent to which a party can bind himself contractually to silence is largely unexplored in American case law3 and legal literature

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Added: October, 26th 2010
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Tags: unresolved points, jurisprudence, case law

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