Can we use the 'small print' to make a contract favour us?

 

10. Can we use the 'small print' to make a contract favour us?

If you are dealing with a consumer (as opposed to a business), your contract must be written in clear language. The consumer can challenge any unfair or unreasonable terms. Whatever the contract says, you cannot overturn the consumer's statutory rights (see question six).

Where you are dealing with another business, the position depends to some extent on your relative bargaining power. A smaller, weaker business might be able to get an unfair term overturned by the court. The court is more likely to strike out an unreasonable term buried in your standard terms and conditions than a term which you have negotiated with the other party.

Whoever you are dealing with, there are restrictions on the extent to which you can limit your liability (see question 12).