CONTRACTUAL UNFAIRNESS : CONFLICTING VALUES Two opposing values cause strains within the law of contract. On the one hand, there is a desire to do justice, but at the same time, the courts are keen to promote certainty or predictability. The contract rule book developed in the 19th century is generally said to epitomise the value of certainty. In Printing

doi:10.4324/9781843141518-160

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ABSTRACT

This is, of course, almost a eulogy to the economic, even moral, virtues of unfettered free enterprise, but the words italicised show that judicial intervention is permitted on the grounds of justice or fairness where a person has not contracted freely or where one of the parties is disadvantaged.