 As Hutchison and Pretorius (2009) note, ‘The law of contract is currently undergoing a process of quite profound change and renewal as it adapts to meet the demands of the new constitutional era in South Africa’.Freedom of contract especially is under pressure, as the courts are increasingly willing to use public policy as grounds to strike down unfair contracts.The legislature, too, is willing to intervene in private contracts in the interests of fairness, most notably with the National Credit Act and the Consumer Protection Act.