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standard form contract

English · Contract and commercial

Meaning. A contract drafted in advance by one party on fixed terms which the other can only accept or reject.

Examples are insurance policies, bank account terms, tickets, and online terms of service. The weaker party has no real power to negotiate, so courts protect it in three ways: the terms must be brought to the party's notice before or at the time of the contract; exclusion clauses are construed strictly against the drafter (contra proferentem); and unconscionable terms may be struck down as opposed to public policy under Section 23 of the Contract Act, as in Brojo Nath Ganguly.

The Consumer Protection Act, 2019 adds a statutory remedy against “unfair contracts” between manufacturers or service providers and consumers.

Example

The clause allowing the employer to terminate permanent staff on three months' notice, imposed in a standard form contract, was held unconscionable and void.

In Indian law

See also

contra proferentem · contract · consumer

Read more in the study notes

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