Unfair Contract Terms: An Interim Report

Abstract

Unfair contract terms are specific contract terms that are particularly harsh, grossly one-sided, or unconscionable. Unfair terms limit the general principle of enforceability governing contracts, which holds that contracts should be enforced if they are freely made. This interim report surveys recent cases dealing with unfair contract terms, the tools that the law currently provides to the courts to regulate unfair contract terms, and several approaches to reform of the law.

Keywords: contracts, unfair contract terms, acceleration clauses, exclusion of liability, unconscionability, notice requirements, fundamental breach, consumer, consumer protection, debt, business, non-profits, interpretation of contractual terms