One of the hallmarks of the present era is the discourse surrounding Fundamental
rights and the necessity that the law takes cognisance of these. Various national and
supranational Human rights instruments have been developed and implemented in
order to transition society away from atrocity and callousness toward a more just
and inclusive future. In some countries, this is done through the mechanism of a
supreme Constitution, while in others international conventions or ordinary legislation
holds sway. Contract law has increasingly been playing a pivotal role in this
phenomenon. According to many, this has been done especially through the muchdebated
‘civilising mission’ of contract,1 a notion that itself constitutes the canon of
the Western liberal principle of ‘civilised economy’. The movement away from the
belief in the absolute freedom of contract, which reached its zenith in the nineteenth
century, to the principles of fairness and justice that underpin contract law today, is
often deemed to be a testament to this civilising influence.