|
|
 |
|
|
UNFAIR CONTRACT TERMS IN ACL by Alice Ken
|
|
|
UNFAIR CONTRACT TERMS IN ACL |
|
|
|
|
|
Education,Law,Writing
|
|
|
Unfair contract terms in ACL are the laws that protect the consumer terms in areas where they have no opportunity to negotiate with the business. This contract in Australia is entered by the consumers or by the small businesses who normally use less than twenty people. A small business may include advertising, courier services, the supply of raw materials, telecommunications and waste management and cleaning services. The court can decide the terms of standard form contract is void if the court considers that the term is unfair. The standard form contract is prepared by one party of the contract. This type of contract is not subject to negotiation between the parties and the party which has not prepared the contract has no real bargaining power. Gyms, telecommunications, motor vehicles, utilities, domestic building, travel and private education are examples of contracts for consumer transactions covered by the provisions. The insurance contracts that are covered by the insurance contracts act 1984 are not covered by the named provisions. The private health contracts and the state and commonwealth government insurance contracts are subject to unfair contract terms provisions since they are not covered by insurance contract act 1984. Court declares a term unfair if the term in such a contract will result in a significant imbalance in the parties, not reasonably necessary and if the term would cause detriment to a party. A term that permits one party to end the contract, the term that permits one party to limit performance and the term that penalizes one party for a breach of contract are examples of an unfair term. The term that defines the subject and that sets upfront price payable under the contract are examples of the terms which are excluded from the unfair terms provisions. Only the court has the power to decide whether the term is unfair.
Related Articles -
UNFAIR CONTRACT TERMS IN ACL, contract in Australia,
|
Rate This Article  |
|
|
|
|
|
Do you Agree or Disagree? Have a Comment? POST IT!
| Reader Opinions |
|
|
|
|
|
|
|
|
|
| Author Login |
|
|
 |
Advertiser Login
ADVERTISE HERE NOW!
Limited Time $60 Offer!
90 Days-1.5 Million Views
|
|
TIM FAY
After 60-plus years of living, I am just trying to pass down some of the information that I have lea...more
|
|
|
|
|
ALEX BELSEY
I am the editor of QUAY Magazine, a B2B publication based in the South West of the UK. I am also the...more
|
|
|
|
|
GENE MYERS
Author of four books and two screenplays; frequent magazine contributor. I have four other books "in...more
|
|
|
|
|
SUSAN FRIESEN
Located in the lower mainland of B.C., Susan Friesen is a visionary brand strategist, entrepreneur, ...more
|
|
|
|
|
LAURA JEEVES
At LeadGenerators, we specialise in content-led Online Marketing Strategies for our clients in the t...more
|
|
|
|
|
STEPHEN BYE
Steve Bye is currently a fiction writer, who published his first novel, ‘Looking Forward Through the...more
|
|
|
|
|
SHALINI MITTAL
A postgraduate in Fashion Technology. Shalini is a writer at heart! Writing for her is an expression...more
|
|
|
|
|
ADRIAN JOELE
I have been involved in nutrition and weight management for over 12 years and I like to share my kn...more
|
|
|
|
|
JAMES KENNY
James is a Research Enthusiast that focuses on the understanding of how things work and can be impro...more
|
|
|
|
