Commentary

221 Obligation on courts to consider fairness of contractual terms

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

221 Obligation on courts to consider fairness of contractual terms

| Commentary

221 Obligation on courts to consider fairness of contractual terms1

If there are court proceedings and they relate to a term of a consumer contract, then there is a positive obligation on a court to consider whether it is fair, even though:

  1. 221.1

        none of the parties has raised the fairness of the term; or

  2. 221.2

        none of the parties has indicated they will raise such an issue2.

The obligation on the court itself to deal with the issue of the fairness of term will not apply where it believes it has sufficient legal and factual material

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