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ARTICLE · 31 MARCH 1995

Unfair Terms in Consumer Contracts

McCann FitzGerald LLP
McCann FitzGerald LLP
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McCann FitzGerald LLP

McCann FitzGerald LLP

McCann FitzGerald LLP’s London office acts for Irish, UK and international clients on Irish law...

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IrelandCorporate/Commercial Law
The financial services industry is one of the primary users of standard form documentation where consumers are invariably presented with proforma loan contracts, insurance contracts etc. Where standard documentation is used, individual negotiation of contractual terms is unlikely and those general terms may be unfair in the particular circumstances. However, the EU Directive on Unfair Terms in Consumer Contracts (Council Directive 93/13/EEC) which has been transposed into Irish law by the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (the "Regulations") attempts to redress the balance in favour of consumers where standard form documentation is used.

With effect from 1 January 1995 any term in a contract of sale or supply to a consumer which is unfair will not be binding on the consumer although other provisions in the contract may remain enforceable.

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