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Anything in Irish Law re: unfair terms in contracts (not consumer)?

  • 05-03-2014 08:50PM
    #1
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭


    Hi,

    Just wondering if anyone knows if there is anything in Irish Law re: unfair terms in Contracts? I know England have the 1977 Act and I know we don't have an Act.

    I also know of the Unfair Terms in Consumer Contracts Regs here in Ireland but what I am wondering is if there is anything non-consumer law related? Any case law, anything?

    I am also aware of the Unfair Contract Terms Directive 1993 but from what I can see, it hasn't been transposed into Irish law?...and it seems too vague to allow it to be implemented in any way here.

    Seems odd that unless the contract is a consumer contract, there is nothing out there to deal with unfair t&c's?


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Ray Cold Froth wrote: »
    Seems odd that unless the contract is a consumer contract, there is nothing out there to deal with unfair t&c's?

    Not really. Consumers don't have a parity of arms in relation to negotiating terms. If you buy a TV from Harvey Norman you don't go through their T&Cs deciding which ones do and do not apply, you probably don't even read the contract.

    If you are running a business you should at least be alive to the fact that you contract is contained within the four corners of the document and be aware of those terms. As a SME you might not have much bargaining power, but that's the nature of being in business and why one should have proper legal advice.

    There is plenty of common law on various business to business dealings including 'battle of the forms' which illustrates how businesses general negotiate their own terms.


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