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Old 5th May 2013, 03:38
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Meccano
 
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PieterB:"I don't just want to pay them this amount of money because I think as a self employed contractor, you have certain rights. And on top of that, they can stop using my services from day 1 to day 2, whereas I, as the service provider should give them a full 3 months notice?"
Unconscionable Contract Clauses

Unconscionability (also known as unconscientious dealings in Australia) is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms that are excessively unfair to one party. Typically, such a contract is held to be unenforceable because the consideration offered is lacking or is so obviously inadequate that to enforce the contract would be unfair to the party seeking to escape the contract.
In and of itself, inadequate consideration is likely not enough to make a contract unenforceable. However, a court of law will consider evidence that one party to the contract took advantage of its superior bargaining power to insert provisions that make the agreement overwhelmingly favor the interests of that party.

Unconscionability - Wikipedia, the free encyclopedia

Last edited by Meccano; 5th May 2013 at 03:42.
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