Report No. 103

Unfair Terms in Contract

Contents
Chapter 1	Standard Form Contracts and their Nature
1.1	Origin of Standard Contracts
2.	Their true nature
Chapter 2	The Problem Arising from such Contracts
2.1.	Possibility of misuse of standard forms
2,3,4.	Illustrative cases (Carriers)
5.	The Rajasthan High Court1 has held
6.	Problem
Chapter 3	Inadequacy of the Present Indian Statute Law
3.1.	Section 23, Contract Act held not applicable
2.	Illustrative cases where relief was given by Courts to the weaker party
3.	Inadequacy of the Contract Act to meet the situation
4.	Section 16(3)
5.	Section 23
6.	Section 28
7.	Section 74
8.	Net Resul
Chapter 4	Experience in other Countries
4.1.	How the problem is dealt with in the U.K
2.	Unfair Contract Terms Act, 1977 and its provisions
3.	How the problem is dealt with in the U.S
4.	Uniform Commercial Code, section 2.302
5.	How the problem is dealt with in Israel
6.	Control not feasible
Chapter 5	Suggestions and Comments Received on the Working Paper
5.1.	Suggestions invited
2.	Suggestions received
3.	Commission's views
Chapter 6	Recommendation of the Commission
6.1.	The recommendation
2.	Provisions of the recommended enactment