Am I bound by an unfair contract term?

According to Section 36 of the Contracts Act, contract terms can be adjusted or disregarded if the term is unreasonable considering the content of the contract, the circumstances at the time of the contract’s formation, subsequent conditions, and other circumstances.

In an assessment of unreasonableness, a comprehensive evaluation of the circumstances is made, and among other things, consideration is given to the special protective interest of consumers.

ARN has in a decision assessed that a contract term that unconditionally exempted a company from liability for consequential damages in the event of a breach of contract was unreasonable and should be disregarded based on Section 36.