ABSTRACT

When the principle of freedom of contract was first put into practice in the last century it led to insurmountable problems in those cases in which the players of the market, whichever segment of the market it involved, did not have a level playing field. Obviously this situation must have been producing some dissonance for those involved since, from the time of its first application, there have been continued attempts to bring some harmony or ‘sense’ to the situation. These attempts have, if one may say so, not totally been a success, despite the fact that some serious problems have been resolved with considerable success.