For example, if a clause causes a significant imbalance between the parties and causes harm to small business, it will not be unfair that the clause is reasonably necessary to protect the legitimate interests of the party that wants to assert it. The Consumer Rights Act 2015 has adopted new provisions to protect the consumer. Businesses that have not checked their business conditions since the law came into force on October 1, 2015 may be in violation of its provisions. If you do not change your terms and conditions to comply with the law, some of the most important conditions may not apply. Remember that if a court decides that a contractual clause is unfair, it will be non-acute, and the common law principles will apply. If you didn`t want your contract to be valid, you wouldn`t have bothered to design it at all, so it`s worth taking a moment to think about whether your project would hold up if it came before a court. A small company enters into a contract with a moving company for an office move. A contractual clause stipulates that the moving company assumes no liability for losses resulting from the move, including loss resulting from the negligence of the moving company. One of the consequences of these clauses is to transfer the risk of insolvency of a simultaneous wrongdoer from the client (or the principal contractor) to others in the chain of contract. It remains to be seen whether this legislation can render this type of clause unenforceable. When deciding whether a clause is abusive, a court must verify the transparency of the clause as well as the general rights and obligations of each party to the contract. The Tribunal may also consider other relevant issues. By law, a standard term of use contract form is unfair if the following three requirements are met: Similarly, it will be important to keep this legislation in mind if you are considering relying on a potentially unfair clause.
For example, if you wish to rely on a clause that, under this legislation, is null and fin, you risk refusing the contract and becoming liable for damages. Australian consumer protection legislation can protect small businesses from abusive contractual terms in standard contracts. This article explains when and how this legislation applies.