Beale and Atiyah, consequently concluded that Lord Scarman, in fact, was assessing and analyzing the ‘fairness’ of the negotiations.
The Unfair Terms in Consumer Contracts Regulations, in 1999are inclusive of English law.
The definition of ‘Unfairness’ is based on the regulation of 5(1) Consumer Contracts Regulations – 1999/2083 – unfair terms referring to the fact, whether it causes a significant amount of imbalance in the obligations and rights of the parties arising because of the contract – contrarily to the need of good faith – and with the English courts’ interpretation.
Therefore, the contract law’s purpose was to setup the legalized framework for making these types of agreements certain, as well as, possible.
As a result, the ‘Freedom of Contract’, along with ‘Sanctity of Contract’ doctrines are fixed at the core of the objective – ‘Will Theory’.