Guide

Avoid unfair terms in sales contracts

Last updated: 7 December 2017

Unfair business contracts

Your standard contract would be unfair if you try to not take responsibility for:

  • death or injury - under any circumstances
  • losses caused by negligence - unless to do so is 'reasonable'
  • defective or poor quality goods - unless to do so is 'reasonable'

You must not try to claim you're not responsible for these things.

What is reasonable

It's up to the courts to decide what is reasonable.

Courts will take into account:

  • the information available to both parties when the contract was drawn up
  • if the contract was negotiated or in standard form
  • if the buyer had the bargaining power to negotiate better terms
Avoid unfair terms in sales contracts
Unfair business contracts