Sentences with phrase «unfair terms»

"Unfair terms" refers to conditions or terms that are considered unjust, biased, or disadvantageous to one party in a situation, typically in a contract or agreement. Full definition
Later, the association brought an action in injunction against unfair terms in the above - mentioned contract.
One in ten (11 %) small businesses affected by unfair terms were set back by more than # 5000 dealing with a single problem.
Consequently, «property management contract» was not a «consumer contract» and it could not enjoy the specific legal protection even if it contained unfair terms.
While there are many reasons for this decline in income, unfair terms in publishing agreements don't help.
In addition to the general «imbalance of power» problem, we consider the implications of the Directive on unfair terms in consumer contracts and changes that may need to be made to terms of use and privacy policies when dealing with consumers.
In the present case the Court of Cassation (Cour de cassation) ruled that syndicates of co-owners were not consumers and, consequently, they could not bring actions for injunctions of unfair terms previewed by Articles 1 and 2 of Directive 2009 / 22 / EC.
In January 2017, Apple filed a lawsuit against Qualcomm, alleging the chip supplier demanded unfair terms for its technology.
The ACCC also conducted a sweep of dating sites, looking for «misleading offers, unclear pricing policies or consumer contracts with unfair terms», along with what measures dating sites had in place to protect consumers against scammers — the results of which are due in a month or two.
The Law Commissions of Scotland, England and Wales have proposed a clarification of British law about unfair terms in consumer contracts, to ensure that that law applies to end - user licence agreements for software and online services (EULAs).
Advising an international bank in relation to the OFT's inquiry into unfair terms in credit card agreements (default fees).
Hush money is the somewhat unfair term for out of court settlements that include a confidentiality agreement.
While other unfair terms give authors a raw deal when it comes to how much money they can receive for a book or how much control they can exert over it, far - reaching warranty and indemnity clauses are even more insidious.
The financial markets are open to sub-prime borrowing, but often at unfair terms.
It is also any practice that convinces a borrower to accept unfair terms through deceptive, coercive, exploitative or unscrupulous actions for a loan that a borrower doesn't need, doesn't want or can't afford.
Trading Standards should also be given the power to take action against suppliers imposing unfair terms.
Unfair terms reduce the weight of the agreement but this issue is considered in the context of whether the agreement is unfair in the circumstances of the marriage breakdown.
Pre nuptial agreements are still not binding on English courts as they are in many European countries where they bind the courts however unfair the terms are and whether or not either of the parties to the agreement received any legal advice before entering into it.
The Law Commissions had previously considered what effect revised unfair terms legislation should have on EULAs.
Within contract law the Canadian case of Canada Steamship Lines Ltd v R [1952] UKPC 1 on the interpretation of unfair terms contra proferentem, has proved incredibly influential in similar cases across the common law world.
The EU's executive body is considering new rules that would prevent web platforms — like Google, Amazon, and TripAdvisor — from offering unfair terms to small businesses that use their services to sell or promote products.
Further, the regulator will review the operations of cryptocurrency companies with the intent to «review and amend unfair terms and conditions, including arbitrary withdrawal restrictions.»
The Judge considered that the Ley 10/12 violated two European provisions: Directive 93 / 13 / EEC on unfair terms in consumer contracts and Article 47 of the Charter.
The regulations were made to transpose into national law Council Directive 93 / 13 / EEC on unfair terms in consumer contracts (the Directive).
The Competition and Markets Authority (CMA) provides guidance about unfair terms in consumer contracts.
The DIFC Contract Law must be read together with The Implied Terms in Contracts and Unfair Terms Law (DIFC Law No. 6 of 2005), which exists as a separate statute and is akin to an amalgamation of the English Sale of Goods Act and the Unfair Contract Terms Act.
How far do European action groups and researchers inquire into whether their own standard - of living is dependent on past exploitation and on the present transfer of funds from the poor to the rich countries and the unfair terms of trade?
Some of the key consumer protections, including prohibitions against misleading conduct, unfair terms and unconsionable conducts, are linked below.]
The Fair Trader Holiday Park Home Owners Scheme Code of Practice should be read in conjunction with the Office of Fair Trading Guidance on Unfair Terms in holiday caravan agreements (September 2005) and the industry model agreements issued in February 2008.
To that end, we've published a series of articles — you can find them on this page — demonstrating how antiquated and unfair the terms of many publishers» standard book agreements have become.
While there are many reasons for these declines, unfair terms, including reduced royalty rates, are clearly a major part of the problem.
As part of a «collective call to action», in the US, the Authors Guild also today sent an open letter to the Association of Amercian Publishers, cosigned by the SoA, to address the detrimental affects of «unfair terms» in standard contracts.
It is unsurprising for some loan providers to have you do the paperwork before they disclose the terms, which can leave you prone to unfair terms.
In the Supreme Court ruling on the bank charges test case, the chief judge of the Supreme Court thought it important enough to say this ruling didn't stop people challenging fairness under «Regulation 5» of the Unfair Terms in Consumer Contracts Regulations (which the Supreme Court case did not cover).
Unfair terms in standard form consumer contracts are void and have no effect.
It's likely your case was based on the fact that charges were disproportionate using the Unfair Terms in Consumer Contracts Regulations.
Essentially the same rules apply to anything bought prior to 1 Oct — it's just the relevant legislation is the Unfair Terms in Consumer Contracts Regulations 1999, not the Consumer Rights Act.
If this is the case, we've spoken to various industry sources who suggest any clause which does attempt to carry on the relationship could be an unfair term — in which case only a court can decide.
Preventing a tenant from changing energy suppliers may be viewed as an unfair term in a tenancy agreement.
In the Supreme Court decision in 2009, the chief judge thought it important enough to say this ruling didn't stop people challenging fairness under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not cover.
If the rest of the contract can operate without the unfair term, the parties will continue to be bound by the rest of the contract.
The test case focused on the Unfair Terms in Consumer Contracts Regulations, yet in the end it all boiled down to one simple nerdy technical point — were bank charges a core part of a bank account?
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