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Standard form contract
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==Legislation== In recognition of the consumer protection issues which may arise, many governments have passed specific laws relating to standard form contracts. These are generally enacted on a state level as part of general consumer protection legislation and typically allow consumers to avoid clauses that are found to be unreasonable, though the specific provisions vary greatly. Some laws require notice to be given for these clauses to be effective, others prohibit unfair clauses altogether (e.g. [http://www.austlii.edu.au/au/legis/vic/consol_act/fta1999117/s32x.html Victorian Fair Trading Act 1999]). ===United Kingdom=== Section 3 of the [[Unfair Contract Terms Act 1977]] (in [[England and Wales]]) and section 17 (in relation to standard form contracts in [[Law of Scotland|Scotland]]) limit the ability of the drafter of a consumer or standard form contract to draft clauses that would allow them to exclude liability in what is termed an exclusion clause.<ref name=uct>UK Legislation, [https://www.legislation.gov.uk/ukpga/1977/50/contents Unfair Contract Terms Act 1977], accessed 19 January 2024</ref> The act does not ''per se'' render ineffective provisions in other areas which to the layman appear "unfair". Where a contract has negotiated the provisions of the act likely would not apply โ the law protects from a lot of things but openly making a bad bargain is not one of them.{{cn|date=January 2024}} These provisions do not apply in contracts for the international sale of goods, i.e. where the parties' places of business are in the [[territories]] of different states.<ref name=uct />{{rp|Section 26}} ===Israel=== The '''Standard Form Contract Act 1982''' defines a set of depriving conditions that may be canceled by a court of law, including unreasonable exclusion or limitation of liability, unreasonable privileges to unilaterally cancel, suspend or postpone the execution of the contract and to change any fundamental charges or pricing, transfer of liability for the execution of the contract to a third party, unreasonable obligation to use the services of a third party or to limit, in any way, the choice of contracting third parties, denial of legal remedy, unreasonable limitations on contractual remedies or setting unreasonable conditions for the consummation of the remedy, denying or limiting the right for legal procedures, exclusive rights to decide on the location of the trial or arbitration, obligatory arbitration with unilaterally control over the arbitrators or the location of the arbitration and setting the holder of the burden of proof contrary to common law. The act also establishes a '''Standard Form Contract Court''', chaired by a district judge and consists of a maximum of 12 members, appointed by the justice minister, including an acting chairman (also a district judge), civil servants (no more than a third) and, at least, 2 consumer organization representatives. The court holds hearings regarding appeals against standard form contract clauses or approval of a specific standard form contract at the requests of a provider. ===Lithuania=== Standard conditions in Lithuania shall be such provisions that are prepared in advance for general and repeated use by one contracting party without their content being negotiated with another party, and which are used in the formation of contracts without negotiation with the other party. Standard conditions prepared by one of the parties shall be binding to the other if the latter was provided with an adequate opportunity of getting acquainted with the said conditions (Article 6.185. Standard conditions of contracts, [[Lithuanian Civil Code]]).<ref>[http://www.peterlang.com/download/datasheet/57891/datasheet_260343.pdf Standard Contract Terms in Cross-Border Business Transactions] {{webarchive|url=https://web.archive.org/web/20160304034712/http://www.peterlang.com/download/datasheet/57891/datasheet_260343.pdf |date=2016-03-04 }} (A Comparative Study from the Perspective of European Union Law), PDF (by Attorney Gintautas ล ulija, LL.M., LL.M.)</ref> A consumer shall have the right to claim within the judicial procedure for invalidity of conditions in a consumer contract that are contrary to the criterion of good faith (Article 6.188).
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