Resolution on Legislation that Interferes with Business Agreements
This resolution recognizes that government should not interfere with private business agreements freely and openly negotiated between the parties.
WHEREAS, a privately negotiated contract, either written or oral, is the fundamental basis for doing business in the United States, and;
WHEREAS, business agreements govern the duties and obligations of the parties to the contract, and;
WHEREAS, parties to business contracts have legal remedies available under common law and state and federal statutes to resolve contractual disputes, and;
WHEREAS, the U.S. Constitution and most state constitutions specifically prohibit impairment of contracts freely and openly entered into by the parties, and;
WHEREAS, a party’s ability to privately contract and to mutually negotiate the terms of a business relationship should be honored, and;
WHEREAS, legislation which alters the pre-existing and prospective terms of private contracts serves only to limit a parties’ right to choose its business agreements and abridge the basic principle of freedom to contract;
NOW THEREFORE BE IT RESOLVED, that [insert state here] opposes the enactment of laws that interfere with private business agreements freely and openly negotiated and entered into by parties.
Approved by the ALEC Board of Directors in December 2013.