ABSTRACT

In this chapter I consider what we mean when we refer to ‘autonomy’ in the context of regulating relationships between traders and consumers; and how this relates to freedom of contract thinking and more fairness-oriented thinking.1 The basic argument made is that autonomy has a meaning that is in line with freedom of contract thinking; but that it has an alternative meaning, one that is more in line with fairness-oriented thinking. I try to explain what autonomy means when understood from a freedom of contract perspective; and how, from a freedomoriented perspective, autonomy is thought to be best realized in various contexts. I also try to explain what autonomy means when understood from a fairness-oriented perspective; and how, from a fairness-oriented perspective, autonomy is thought to be best realized in these contexts. The discussion then focuses more specifically on autonomy, freedom and fairness in the context of public and advertising statements made by traders to induce consumers to enter contracts.