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| s23 does not cover main terms which |
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"standard form contracts"
s23(3) for the supply of goods and services or sale/grant in interest in land |
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| bargaining power on one party |
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| one party prepared contract |
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| party required to accept on presented terms. |
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| given opportunity to neogtiate |
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| term take into account specific characteristics of party or transaction |
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| any other matter prescribed by legislation |
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Excluded - Some shipping contracts
- company constitutions |
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Customer to show
-significant imbalance in rights/obligation
- detriment ($ or other) |
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defendant to show
-reasonably necessary to protect D's legitimate interest |
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Courts consider
- contract as a whole
- extent of 'transparency' |
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