Unit 3 - Contract terms (unfair contract terms act)

Question 1

what are the Smith v Eric s Bush fairness test factors?

Answer 1

• difficulty of task to be performed
• insurance implications
• equality of bargaining power
• ability to find goods/services elsewhere
• practical consequences of allowing the exclusion

Question 2

what is the McCrone v Boot Farm sales criteria for a standard form contract?

Answer 2

• conditions are invariably imposed
• party in breach invariably contracts on those terms
• most terms are pre-negotiated and not set by the parties

Question 3

what is the example of terms implied by statute not effectively being contracted out of

Answer 3

Denholm Fisheries v Anderson