Fairness of Contract v. Freedom of Contract: The Problematic Nature of Contractual Obligation in Premarital Agreements

Authors

Faun M. Phillipson, Benjamin N. Cardozo School of Law

Abstract

The note examines the tension between the duty of full and fair disclosure in premarital agreements and the principle of freedom of contract, focusing on Wisconsin courts' handling of this issue. It critiques the ambiguity in judicial standards for enforcing such agreements, arguing that the concept of "meaningful choice" introduced by the Wisconsin Supreme Court, while promising, lacks clear guidelines, leading to inconsistent and sometimes arbitrary outcomes. The analysis highlights the conflict between ensuring procedural fairness and avoiding paternalistic judicial interference in private contracts.

Disciplines

Law | Law and Gender

Recommended Citation

Faun M. Phillipson, Fairness of Contract v. Freedom of Contract: The Problematic Nature of Contractual Obligation in Premarital Agreements, 5 Cardozo J. Equal Rts. & Soc. Just. 79 (1998).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol5/iss1/5