Commentary

227 Meaning of an unfair notice

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

227 Meaning of an unfair notice

| Commentary

227 Meaning of an unfair notice

A notice is unfair if:

  1. 227.1

        the notice causes a significant imbalance in the rights and obligations of the parties; and

  2. 227.2

        the imbalance is to the detriment of the consumer; and

  3. 227.3

        the imbalance is contrary to the requirement of good faith1.

Determination of the fairness of a notice is carried out by:

  1. 227.4

        taking into account the nature or the subject matter of the notice; and

  2. 227.5

        referring to all the circumstances that existed when the rights and obligations to which the notice relates arose; and to all the

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