n Without Prejudice - Putting standard forms of contract under the microscope : contract law

Volume 8, Issue 2
  • ISSN : 1681-178X



The standard form contract, or the "take it or leave it" unilateral imposition of contractual terms, is a feature of modern commerce. The "negotiated deal" is the enclave of the few, normally those in society with access to substantial resources and negotiating power. The natural consequence is that, all too often, one contracting party "has little effective choice in the matter at all, and neither reads nor understands, nor in any real sense agrees to the terms contained in such documents" (standard form contracts).

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