Effective incorporation of standard trading conditions remains a fundamental business practice. Seeing them interpreted robustly by the courts in South Africa adds confidence.
The recent action against Qatar by a growing number of countries including the UAE, Saudi Arabia, Egypt and Bahrain on 5th June 2017 is likely to affect a number of TT Club Members as they undertake their normal business operations. The situation appears more likely to affect the TT Club's NVOC, Freight Forwarder, Container line operator and logistics company Members, but Ports and Terminal operator Members could also be impacted in respect of affected cargos passing through their facilities. At this stage it is too early to tell.
Fighting unfair contract terms in civil law jurisdictions may appear a recent phenomenon, but the reality is that the process has been underway for well over a century.
What approach do common law jurisdictions take when considering unfairness of contract terms? Here is an overview.
TT Talk - Unfair Contract Terms in Australia
The Australian government has passed legislation extending protection against unfair terms in standard form contracts beyond consumers to Australian small businesses.