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Report No. 103

6.2. Provisions of the recommended enactment.-

The Law Commission therefore recommends the amendment of the Indian Contract Act, 1872, by inserting the following new Chapter and section:-

"Chapter IVA

Section 67A: (1) Where the Court, on the terms of the contract or on the evidence adduced by the parties, comes to the conclusion that the contract or any part of it is unconscionable, it may refuse to enforce the contract or the part that it holds to be unconscionable.

(2) Without prejudice to the generality of the provisions of this section, a contract or part of it is deemed to be unconscionable if it exempts any party thereto from-(a) the liability for wilful breach of the contract, or (b) the consequences of negligence".

K.K. Mathew Chairman.

J.P. Chaturvedi Member.

Dr. M.B. Rao Member.

P.M. Bakshi Part-Time Member.

Vepa P. Sarathi Part-time Member.

A.K. Srinivasamurthy Member-Secretary.

Dated: 28th July, 1984.

Unfair Terms in Contract Back

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