PART 2

Unfair terms

Supplementary provisions

Duty of court to consider fairness of term
71
1
Subsection (2) applies to proceedings before a court which relate to a term of a consumer contract.
2
The court must consider whether the term is fair even if none of the parties to the proceedings has raised that issue or indicated that it intends to raise it.
3
But subsection (2) does not apply unless the court considers that it has before it sufficient legal and factual material to enable it to consider the fairness of the term.