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Version date: 29 November 2022 - onwards
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130. Meaning of "unfair"

(1) A term of a consumer contract is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

(2) In assessing whether a term of a consumer contract is unfair, the following matters shall in particular be taken into account -

(a) the nature of the subject matter of the consumer contract,

(b) whether the term of the consumer contract complies with the requirements referred to in section 134(2),

(c) all of the circumstances relating to the conclusion of the consumer contract, and

(d) the other terms of the consumer contract or of any other contract (including a consumer contract) on which it is dependent.

(3) In assessing whether a term of a consumer contract complies with the requirement of good faith, regard shall be had in particular to -

(a) the strength of the bargaining positions of the parties,

(b) whether the consumer had an inducement to agree to the term,

(

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