The Lawbringer: Buying precedent

Reader Comments (Page 1 of 1)

10-25-2010 @ 4:33AM

Sorcha said...

Basically:

Not reading it & provision deemed fair = provision and rest of contract still binding.
Not reading it & provision deemed unfair = provision not binding. Rest of contract still binding (if fair.)
Reading it & provision deemed unfair = provision not binding. Rest of contract still binding (if fair.)

Doesn't depend on reading it but on the unfairness of the term.

NB: it's called unfairness in the UK (see: Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1979.) I don't know if it's different in the US.

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