Commentary

143 Unfair terms and notices

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

143 Unfair terms and notices

| Commentary

143 Unfair terms and notices

  1. 143.1

        new: Notices (whether contractual or non-contractual) are now assessed for whether they are fair, in a similar way to unfair terms1.

  2. 143.2

        modification: A contractual term, whether it is or is not individually negotiated, can be assessed for fairness2.

  3. 143.3

        modification: Written terms are now to be legible, in addition to being in plain intelligible language (that is ‘transparent’)3.

  4. 143.4

        modification: The core exemptions from assessment for fairness (the main subject matter of the contract, and the assessment of the appropriateness of the price payable) are now drawn more narrowly4.

  5. 143.5

        modification: The

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