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Unfair contract term
Practical Law ANZ Glossary w-013-1088
(Approx. 3 pages)
Glossary
Unfair contract term
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A term of a
consumer contract
or
small business contract
that:
Would cause a significant imbalance in the parties' rights and obligations arising under the contract.
Is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term.
Would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.
(
Section 24, Australian Consumer Law
.)
For more information, see
Practice notes, Unfair or unjust contract claims
and
Unfair contract terms and protections for small businesses
.
End of Document
Resource ID
w-013-1088
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Jurisdiction
Australia
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