A Report On A Consumer Contract

1750 Words Oct 26th, 2015 7 Pages
A consumer contract is a contract for the supply of goods and services or the sale or grant of an interest in land to an individual who acquires it for a personal, domestic or household use or consumption.
The unfair contract terms provisions apply to standard form consumer contracts. A standard form contract will typically be one prepared by one party to the contract and not negotiated between the parties. Standard form contracts are commonly used for the supply of goods and services to consumers in many industries, including security (such as back to base alarm systems), telecommunications, finance, maintenance (such as heating and pool filtration), gymnasiums, internet services, pay TV, motor vehicles, travel and utilities (such as gas and electricity).
The unfair contract terms law do not apply to a contract to supply goods or services or financial products or services from one business to another for business use.
Testing fairness
A court can consider whatever it thinks relevant but must consider “transparency” of the relevant terms as well as the contract as a whole.
Some terms are not subject to review here, and they are terms that define the main subject matter, terms that set the upfront price (that is, the price of the sale or the supply), or terms that are required by law.
Examples of unfair terms
• A term enabling one party to terminate under some circumstances but not the other.
• A term penalising one party but not the other for breach.
• A unilateral right…
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