Unfair contract terms under the ACL 33
Unfair contract terms: termination for convenience
... The contract between the appellant and respondent contained similar exclusion clauses as obtained in the Akinsanya ...the contract, and letter of credit had been sold and payment should be ...the ...
284
Impacts of Unfair Contract Terms on transport operators
... the terms of the contract in the form in which they were presented; • Whether the terms of the contract take into account the specific characteristics of another party or the particular ...
21
Unfair contract terms under the Kuwaiti Civil Code - a critical analysis and suggestions for reform
... of unfair terms on the rest of the contract it seems to the researcher that the general rule applies and the invalidity of unfair terms does not import the nullity of the entire ...an ...
244
EXTENDING UNFAIR CONTRACT TERMS (UCT) PROTECTIONS TO SMALL BUSINESSES
... the contract, supports AMP’s submission that s13 of the Act had the effect of introducing a larger and reciprocal obligation between the insurer and the insured in place of what had, for all practical purposes, ...
13
The Australian Consumer Law: draft provisions on unfair contract terms
... We therefore recommend removing the concept of “substantial likelihood of causing detriment”, in favour of an unfairness test that relies on material financial detriment. Consistency As we have flagged with the Federal ...
9
Unfair Contract Terms in Cloud-Computing Service Contracts Discussion Paper
... include terms in their privacy policy or terms of use which hold that the company may gather, process and sell all personal information about a data subject that he has shared, shares or will share anywhere ...
11
TREASURY LEGISLATION AMENDMENT (SMALL BUSINESS AND UNFAIR CONTRACT TERMS) BILL 2015
... lease terms are fair to retail ...Extending Unfair Contract Protections To Small ...a contract that is actively on foot seven days a week, 365 days a year, usually for a minimum of five ...
13
The Impact of EU Unfair Contract Terms Law on U.S. Business-to-Consumer Internet Merchants
... This Article is brought to you for free and open access by the Faculty Publications at UW Law Digital Commons. It has been accepted for inclusion in Articles by an authorized administrator of UW Law Digital Commons. For ...
21
Consumer Protection on Unfair Contract Terms: Legal Analysis of Exemption Clauses in B2C Transactions in Malaysia
... any terms on a document, for example, a funfair ticket? Chapelton v Barry UDC [1940] 1 KB 532 resulted in a decision by the court of appeal that a ticket was merely a ...contractual terms, therefore the ...
10
Protecting consumers against unfair contract terms in Malaysia: the Consumer Protection (Amendment) Act 2010
... powers under the CPA to monitor and to prevent the use 1 MLJ lxxxix at civ of unfair terms particularly those drawn up for general ...a contract or its terms are procedurally or ...
11
Towards Harmonisation of the ASEAN Contract Law: The Legal Treatment of Unfair Consumer Contract Terms Among Selected ASEAN Member States
... of unfair terms to deprive consumers from their rights have indeed inspired the law in many countries to react against the increasing decline of the individual’s capacity to make free and rational ...of ...
5
Guidance on unfair terms in tenancy agreements
... Office of Fair Trading 33 Distance sales schemes – cooling off periods 3.84 Landlords or agents must ensure that they comply with the requirements of the Distance Selling Regulations where applicable and provide a ...
127
The Unfair Terms in Consumer Contracts Regulations
... the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or ...to terms which might operate disadvantageously to the ...the contract, weak bargaining position or any ...
10
ACL Training and Consulting Services Terms
... 11.2 ACL has implemented and will maintain commercially reasonable, industry-standard technical and organizational safeguards to prevent the unauthorized access, use or disclosure of Personal Data which is ...
6
Guidance on unfair terms in care home contracts
... the contract, is unfair. A right to vary contract terms can be fair in some circumstances if the resident is given a right to cancel the contract, and has been notified as early as ...
56
Unfair Terms in 'Clickwrap' and other Electronic Contracts
... the contract. 10 However, in relation to certain categories of contract, such as those involving technically sophisticated software products, a much larger group of consumers could be considered to be ...
35
Unfair Terms in Standard Form Consumer Contracts
... classic contract law failed to assist with situations arising under standard form consumer ...of unfair terms provisions) gave three examples of recent cases bought to its attention, which ...
28
Treasury consultation on. Unfair terms in insurance contracts
... It made life extremely difficult for the entire family and was a source of much resentment and feelings of inadequacy”. “When seeking insurance all those years ago, I felt extremely vulnerable and that my privacy was ...
10
Case law of the Court of Justice of European Union on unfair contract terms directive: implications on Estonian domestic law
... an unfair standard term terminates application of the ...standard terms which cause unfair harm to consumers be refrained ...standard terms which cause unfair harm to the collective ...
17
Impact of the new rules on unfair terms in B2B agreements on general terms and conditions
... key terms of contracts between undertakings are fair and not abusive (the “B2B Fair Contract ...Rules”). Under the rules, unfair terms will be deemed to be null and void and thus ...
5