The propriety of state intervention in the enforcement of contracts in Zimbabwe

Abstract

The traditional and classical model of contract law is predicated on the idea that the parties involved generally have a genuine freedom of choice and that the parties' bargaining power is comparable to one another. It finds expression in such principles as freedom of contract and the sanctity of contracts. However, finding the right balance between freedom and sanctity of contract on one hand and considerations of fairness and reasonableness on the other hand, remains one of the problems facing modern contract law. It is this very challenge that has brought to the fore the conflict between freedom of contract and state intervention discussed in this article.