... to a game or contest, with rules designed to regulate the way in which the game is conducted. These rules must be fair if the game is to be perceived as fair - the rules must apply equally to both sides. He elaborates by likening the law to a neutral, impartial umpire which interprets those rules. In other words, the function of law is to ensure procedural fairness. But if the game is played according to the rules, there should be limited scope for a 'fair outcome'. Fairness is omnipresent in the law of contract by playing a role in which it attempts to equalise unfair contracts between contracting parties. This becomes apparent upon examination of the doctrines of duress and undue influence, among others. Traditionally, these were cases in which the defence was based on the "deficiencies of will" of one of the contracting parties (Atiyah, 1988, p.330). The ...

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