Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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Considerations which arise in the contract context differ from those applicable here. Where competent adults have agreed upon the terms of a contract, and where those terms are not prohibited by statute or regulation, a court’s refusal to enforce the agreement reflects a very high level of judicial assertiveness. Judicial recognition of an exception to the judge-made at-will doctrine does not override any recognizable "liberty of the citizen,” Voigt, supra, 176 U.S. at 505, 20 S.Ct. at 387, and appears to me a significantly less radical step. Even in the contract area, however, I believe that the restrictions suggested in the portion of Judge Teriy’s opinion which I have quoted in the text, supra, at 180, are too confining:

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