Of fairness and the law of contract

...to ask whether the bargain struck between a funder and intended litigant is "fair" assumes that there is some ascertainable objective standard against which fairness is to be measured and that the courts should exercise some (unidentified) power to relieve persons of full age and capacity from bargains otherwise untainted by infirmity. Neither assumption is well founded.
Per Gummow Hayne and Crennan JJ (with whom Glesson CJ agreed at �21) in Campbells Cash and Carry Pty Limited v Fostif Pty Limited [2006] HCA 41 at �92.