Commentary

218.1 Terms assessable for fairness

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

218.1 Terms assessable for fairness

| Commentary

218 Types of contract terms which are or may be unfair1

218.1 Terms assessable for fairness

Schedule 2 Part 1 of the Consumer Rights Act 2015 provides a non-exhaustible and indicative list of terms which may be unfair (the ‘grey list’). This may be used to help a court when assessing whether a contractual term is unfair2. Part 2 of Schedule 23 explains the scope of the list, so that a term which falls within Part 2 is not considered as part of the list; though is still assessable for fairness4, unless:

  1. 218.1.1

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