Commentary

218.3 Effect of a term which is not transparent and prominent or on the grey list

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

218.3 Effect of a term which is not transparent and prominent or on the grey list

| Commentary

218.3 Effect of a term which is not transparent and prominent or on the grey list

Although not explicitly stated, the effect of the Consumer Rights Act 2015 Part 2 is that if a contractual provision is:

  1. 218.3.1

        not written in plain and intelligible language and is not brought sufficiently brought to the attention of the consumer; but

  2. 218.3.2

        deals with the main subject matter of the contract and concerns the appropriateness of the price paid,

then it can be assessed for fairness.

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