Business Negotiations and the Law

Introduction

How far can a free and liberal market go so as not to result in anarchy, where the pre-legal dominance of the strong over the weak is in force?¹ Might does not make right under the rule of law, but in business relations it is a common belief that where only professional parties are concerned all transactions must fall within the framework of the fundamental principle of free competition. Protecting one of the parties of business transactions would distort the market mechanisms.²

Freedom of competition requires that economic relations should not be subject to dirigiste measures by State intervention, because the protection granted to a certain category of contracting parties leads to unjustified imbalances in the market. Even without ...