unfair

unfair

for the purposes of the Unfair Terms in Consumer Contracts regulations unfairness arises where, contrary to the requirement of GOOD FAITH, the term causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. In considering this question, factors taken into consideration include the nature of the goods and services which are the subject matter of a contract and circumstances ‘attending’ the contract's formation such as undue pressure. Examples of terms which may be regarded as unfair are specified as those which exclude liability for death or personal injury, give the seller a right to extend the contract unilaterally, impose harsh penalties for breaching the contract or which erect barriers to use of courts. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, or weak bargaining position.