Commentary

218.2 Terms not assessable for fairness

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

218.2 Terms not assessable for fairness

| Commentary

218.2 Terms not assessable for fairness1

If a term is transparent and prominent2 it will not be subject to assessment as to whether it fair, to the extent that:

  1. 218.2.1

        the term specifies the main subject matter of the contract3; or

  2. 218.2.2

        what is assessed is the appropriateness of the price paid under the contract compared with the goods, digital contents services supplied under the contract4.

However, a term which is listed in Schedule 2 Part 1 will not be excluded from assessment for fairness if it falls within this exclusion5.

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