In order for a contract to be treated as a contract, it must be presented on the basis of a “take or leave” on a standard form and not give a party the ability to negotiate because of its uneven negotiating position. Special review of liability contracts can be conducted in a number of ways: the Commonwealth Government has also recently introduced amendments to the Australian Consumer Law (ACL), which has resulted in some parties soon having to ensure that standard contracts do not violate unfair clause laws. These laws apply to consumer transactions, but now apply to contracts in which at least one party is a “small business” that provides or purchases services from another party in the contract. A small business is a company that employs less than 20 people and for which the contract does not exceed $300,000 (or $1,000,000 if the contract runs for more than a year). This definition covers many small businesses that require a contractor or a business that hires a contractor who is itself a small business. It is important that the provisions apply only to standard contracts that include “Take-it or Leave-it” contracts. A clause will be unfair:  The Australian Competition and Consumer Commission, www.accc.gov.au/consumers/contracts-agreements/unfair-contract-terms, referring to the legislative amendments of 04.04.16, will soon extend to contracts with small businesses the unfair contractual terms bans introduced in 2010 (Cth), but limited to contracts with consumers. This is part of a reform agenda to provide a fair path for small businesses by protecting them from the vulnerability of unfair clauses in standard form contracts that are proposed as “take or leave. Ultimately, take it or leave it contracts require a flexible strategy with at least five potential components.
And by “flexible,” I mean that if all strategies fail, you move on to the next one, but not necessarily in order. In India, Leonine contracts are generally considered unscrupulous contracts (although not all Leonine contracts are unacceptable contracts) and can be cancelled. The 199th Law Commission report (2006) on “UNFAIR (PROCEDURAL – SUBSTANTIVE) TERMS IN CONTRACT” addresses this issue. The abuse can be procedural or material. However, standard form contracts are ubiquitous in India and, especially in the digital age, standard form contracts are used much more often than any other form. They may be final if an appropriate notification has been made and the conditions are not inappropriate.  Unfair clauses in unsealed agreements are often struck down.  A fair agreement is a discussion between the two parties in a contract for a clause in the agreement that has led one of the parties to question whether the agreement is fair.