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Report No. 199

South Africa: Provisions of the Draft Bill attached to the S.A. Law Commission Report, 1998 (p 47): (substantive unfairness)

Section 1(1): 'substantive unfairness': What reliefs can be granted

section 1 (1) If a Court is of the opinion that

(a) .......................

(b) the form or the content of a contract or

(c) .......................

(d) the enforcement of a contract is unreasonable, unconscionable or oppressive, the Court may declare that the alleged contract

(aa) did not come into existence; or

(bb) came into existence, existed for a period, and then before action was brought, came to an end; or

(dd) is in existence at the time action is brought and it may then

(i) limit the sphere of operation and/or the period of operation of the contract; and/or

(ii) suspend the operation of the contract for a period or unit/specified circumstances are present; or

(iii) make such other order as may in the opinion of the Court be necessary to prevent the effect of the contract being unreasonable, unconscionable or oppressive to any of the parties.

Unfair (Procedural and Substantive) Terms in Contract Back

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