contract-law common-law
Are the limitations on freedom of contract in common law countries unbreakable?
<p>We normally have to adhere to regulations when:</p>

<ul>
<li>Buying labour (employment: minimum wage, parental leave etc.)</li>
<li>Renting out property (tenancy: notice periods, property standards etc.)</li>
<li>Selling goods (consumer guarantees)</li>
<li>Offering online services (personal/data privacy)</li>
<li>Etc. etc.</li>
</ul>

<p>We know that at least in some cases it is possible to break free from those restrictions. For example, instead of <em>employing</em> people we can do <em>business</em> with them i.e. have contract for services (as opposed to contract of service). We can put any bizarre privacy-related provisions in the EULA of our apps and websites (although I heard the EU regulations can override them). Perhaps we can try selling goods/services on the express condition that consumer guarantees do not apply.</p>

<p>So, in modern common-law countries (say the Five-Eyes UK, US, CA, AU, NZ), <strong>how impossible is it to contract out of any regulation</strong>? To what extent is it common for the law to limit the freedom of contract and dictate what terms you can/cannot contract on? How challengeable/constitutional those limitations are? In most cases, is it just a matter of writing a good/smart contract to break free from the limitations, or is the freedom of contract just limited full stop?</p>

<h2>You <em>cannot</em> contract outside the law</h2>

<p>Any "contract" that purports to break the law isn't a contract - it's an unenforceable agreement.</p>

<p>For example, across all jurisdictions, a contract that is <a href="https://en.m.wikipedia.org/wiki/Unconscionability" rel="nofollow noreferrer">unconscionable</a> is void. So is a contract that requires one of the parties to break the law - a "contract" for murder for example.</p>

<p>In addition, you cannot call an employment relationship a  "business" relationship - if the relationship meets the requirements of an employer-employee relationship then that's what it is and woe betide you if you haven't complied with all relevant entitlement, tax, insurance and safety laws.</p>

<p>In addition, all of the relationships you listed are contracts.</p>
