We must categorically reject, at the outset, the notion of contract as flypaper, the idea that to offer one’s goods and services to others is to entrap them in an attractive nuisance, like a disused coal pit that entices children to danger. Whatever lawyers may tell us, we each do have it in our power to say no to the cigarette…. By dismissing the consumer as one with the intelligence and free will of a fly, the modern law ultimately leaves her with no greater freedom to shape her own environment. Flies do not help themselves very wisely, nor each other very often, but people can and will, if they are only allowed to.
From Cafe Hayek