Commentary

216 Meaning of an unfair term

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

216 Meaning of an unfair term

| Commentary

216 Meaning of an unfair term

A term is unfair if1:

  1. 216.1

        the terms causes a significant imbalance in the rights and obligations of the parties under the contract2; and

  2. 216.2

        the imbalance is to the detriment of the consumer; and

  3. 216.3

        is contrary to the requirement of good faith3.

Determination of the fairness of a term is carried out by taking into account the nature or the subject matter of the contract; and referring to all the circumstances that existed at the time the term was agreed and to all the other terms

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