This chapter examines the regulation of unfairness in contracts in the strict sense of an imbalance between the performances required by each party under the contract. It challenges two popular views: that instances of unfairness in contracts are illusory and that effective legal regulation to combat (the supposed non-existent) problem of unfairness is either impossible or counter-productive. The chapter argues that the modern type of regulatory discourse evolving through private law has the capacity to produce effective regulation designed to combat instances of unfairness in contracts.
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