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| Author: | Willet, C. |
| Title: | Can Disallowance of unfair contract terms be regarded as a redistribution of power in Favour of consumers? |
| Journal: | Journal of Consumer Policy
1994 : DEC, VOL. 17:4, p. 471-482 |
| Index terms: | EUROPEAN COMMUNITY CONSUMER PROTECTION FAIR TRADING |
| Language: | eng |
| Abstract: | In April 1993 the EC Directive on Unfair Terms in Consumer Contracts was adopted. The Directive applies its test of unfairness to consumer contracts between suppliers and consumers of goods and services. Unfair terms are not to bind the consumer, but remainder of the contract will continue to bind the parties if this is possible without the unfair term. This paper identifies some of the important paradigms of unfairness in the Directive, e.g., terms allowing for unilateral decision making by suppliers and terms undermining reasonable consumer expectations of value for money. |
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