As if the "unfair contracts" provisions in the
Australian Consumer Law weren't exciting enough, they're
being extended to small business dealings.
The existing laws apply to standard form consumer contracts -
gym memberships, phone contracts, vehicle rental forms etc - the
ones where you can't charm your way into a better deal or, to
put it another way, the ones you don't read before clicking
"accept".
Unfair terms are those which are not 'reasonably
necessary' to protect the legitimate interests of a party,
which would cause detriment to the other party and which would
cause a significant imbalance in the rights and obligations of the
parties under the contract. You've seen these terms before;
like how your gym used to require you to move to the Moon if you
wanted to cancel your membership.
