Inequality of bargaining power

MANY agreements that are created are perceived to be unfair to one party. Sometimes it is the consumer as against the government, but more frequently, these are corporate enterprises that have a near monopoly, if not a monopoly.

The perception is that a person who enters into a contract with free consent is bound by what has been agreed to, unless there are elements of fraud or duress or even misrepresentation and undue influence. These impose standards of proof that parties alleging such vitiating factors usually find it impossible in reality to overcome.