| Commentary

259 Superior bargaining power

| Commentary

259 Superior bargaining power

In A Schroeder Music Publishing Co Ltd v Macaulay1, a distinction was drawn between standard form contracts made freely between parties bargaining on equal terms and standard form contracts which had not been the subject of negotiations between the parties or approved by any organisation representing the interests of the weaker party, but had been dictated by the party which enjoyed superior bargaining power. The court held that in contracts of the latter kind no presumption existed that their terms were fair and reasonable, and the court had to consider all their provisions to see whether

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