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What roles, if any, do fairness and unfairness have in the English law of contract?
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What roles, if any, do fairness and unfairness have in the English law of contract? Although fairness is difficult to define, it may be taken to mean the treatment of people without discrimination. Rawls (1971) posited that in some contexts, fairness is attributed to procedures. Economists believe that, in theory, everything in the contract can be, and is, allowed for in the price. An unfair contract may be defined as one in which the price is grossly excessive or deficient, or is simply an unequal exchange (Atiyah, 1995). Fairness in contract law can be distinguished into two areas - procedural fairness and substantive fairness. Procedural fairness concerns the fairness of the processes by which contracts are made, whereas substantive fairness concerns the fairness of the results or outcome of the contract. Atiyah expressed that the ideas of procedural and substantive fairness "feed upon each other" (1995, p.389). As they are intertwined, it...
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