ABSTRACT

The standard of fairness is central to much of what is discussed in this book. In one sense we have learnt that according to the classical model the common law does not investigate whether an exchange is fair as that is for the parties to determine. But considerations of what is fair cannot be avoided by the judiciary. When the courts come to determine what is reasonable in the circumstances or determine the fate of a fraudster, it is inevitable that notions of fairness will come into play. Ideas of what constitutes a fair deal or negotiation process differ considerably but there is no doubt that the matter is important to contract lawyers.