a standard form contract
is a question of law subject to appellate
1971))); Russell Korobkin, Bounded Rationality, Standard Form Contracts
, and Unconscionability, 70 U.
However, relying on political lobbying to protect the interests of a foreign bank is too uncertain, so banks have revised their standard form contracts
to deal with this new legal risk.
It may be that this trend toward using standard form contracts
to strip people of their rights was stimulated by the teachings of certain lawyer-economists.
"Stevedoring companies offer standard form contracts
to thousands of transport businesses around Australia, and the costs associated with the movement of containers has a direct effect on the running costs of many small businesses," Mr Keogh said.
The upfront price payable under a standard form contract
is defined as the consideration that:
Unconscionability, which applies most often to standard form contracts
, (15) lets courts void clauses that are both procedurally unconscionable (nonnegotiable and buried in fine print) (16) and substantively unconscionable (grossly unfair) .
Businesses are increasingly inserting arbitration clauses into standard form contracts
. In the event of a dispute, these clauses deny consumers access to the courts, including small claims courts and class proceedings.
In some situations, the non-drafting party's decision not to inform himself or herself about the terms of a standard form contract
may not itself be voluntary.
If the parties intend to incorporate some or all of the terms of a standard form contract
When amending any standard form contract
, care must be taken to ensure that any knock-on effects of changes to the physical conditions on other provisions (e.g.
Even so, when it comes to the administration of the sale and purchase contracts the use of the mandatory form should undoubtedly help DLD process the information more quickly as the standard form contracts
group together what is, from DLD's perspective, the salient information for input into the DLD database and to the extent the information is on the standard form contract
(which it is) it will allow DLD staff to disregard the second contract and therefore not spend time sifting through pages to identify the required information for their purposes.