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VOL. 2, ISSUE 3 (2026)
Contractual freedom vs. consumer protection: Rethinking private law principles
Authors
Solomon Ayomide Julius
Abstract
The tension between
contractual freedom and consumer protection remains one of the most enduring
debates in private law. While classical doctrine celebrates the sanctity of
contract as an autonomous expression of parties’ will, modern commercial
realities—particularly the prevalence of standard-form contracts—have exposed
significant asymmetries in bargaining power and information. Consumers often
face “take-it-or-leave-it” agreements that are procedurally valid but
substantively inequitable. This article reconsiders private law principles by
examining how strict enforcement of contractual autonomy can undermine
fairness, and how substitutive mechanisms may provide more effective
protection. Drawing on comparative perspectives from the United Kingdom,
European Union, and Nigeria, the discussion highlights regulatory and judicial
responses that attempt to balance autonomy with fairness. The one-way contract
thought experiment is used to illustrate how consumer remedies may be rendered
ornamental in practice, prompting consideration of alternative protections such
as redesigned payment structures, private assurances, insurance products, and
reputation systems. These innovations suggest that consumer protection can be
achieved not only through statutory intervention but also through market-driven
devices. The article argues for a recalibration of private law priorities: one
that preserves the benefits of contractual freedom while embedding mechanisms
that safeguard consumers against exploitation. Such a balanced approach
promises a more equitable and sustainable marketplace in the digital age.
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Pages:7-11
How to cite this article:
Solomon Ayomide Julius "Contractual freedom vs. consumer protection: Rethinking private law principles". World Journal of Law, Vol 2, Issue 3, 2026, Pages 7-11
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