ABSTRACT

Bigger Picture 9.1 Introduction This chapter reviews the themes already discussed and emphasizes the questions that remain open (including the question as to the harmonizing effects of the UTD). It then turns to the broader picture. It notes that the terms of a consumer contract are only one aspect of the consumer-trader relationship and considers the ways in which fairness is (and might be) secured in other aspects of the relationship. Finally, it considers the question of the role of fairness in commercial contracts. 9.2 Where We Seem to Be in Relation to Unfairness and Consumer Contract Terms The fairness regimes that have been the subject of this book have been introduced in pursuit of a variety of goals related to fairness; efficiency; protection of specific substantive interests and EC market building. These goals have shaped (and will continue to shape) the approach to fairness.