Right of Commerce and Communication

Right of Commerce and Communication

The foundation of our society is founded on the recognition of the rights to life, liberty, and pursuit of happiness. “Life” implies not only the status of being alive, but the ability to support one’s life, how one chooses to engage in trade and “commerce”. When we find the choices made by others offensive, we must, nevertheless, recognize their right to conduct all aspects of their lives on their own terms.

Therefore businesses have the right to refuse service to anyone at any time regardless of prevailing opinions of those not involved.

However, one difference between most business establishments and most of their customers is that the businesses are usually offering to serve anyone, while the customers are simply accepting an offer. In certain cases the business has a communication burden which the customer does not, particularly, if the business is offering its trade in a public space.

The business needs to make it clear what they are offering and what they are not, and to whom it is being offered and to whom it is not. Otherwise, the default assumption is that it is being offered to anyone who is willing to pay the price stated. Failure to honor these offers would constitute fraud.

As libertarians we shall endorse not only the right of the businessman to discriminate but the obligation of the business to make the terms of its offer reasonably easy to understand. We shall also oppose any effort by government to add terms to the contract that run contrary to the explicitly stated terms in the offer. However, we shall also oppose clear cases of fraud when they occur.

This issue applies to mainly to a few outliers, however, if a breach of contract occurs, the parties have a right to pursue remedy through litigation.


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  • Christopher Cash-Dooley
    published this page in Issue Papers 2019-11-25 11:38:39 -0500