Unfair Contract Terms FSA - How to Reduce Unfairness
Unfair Contract Terms FSA
FSA tips on how to reduce unfairness
The Unfair Contract Terms FSA details the following suggestions in terms of how to reduce the risk of unfairness:
- Firms should take into account consumers’ legitimate interests in relation to contracts over which they have had no influence but to which they will nonetheless be bound.
- Fairness is not contrary to the prudent management of the business but part of it.
- Dwelling on narrow technical arguments to justify a contract term that, in fact, may be unfair, risks future challenge.
- The fact that a variation clause does not offend any of the terms listed in schedule 2 of the regulations may not, of itself, remove the risk of unfairness.
- Firms need to assess whether a term is fair using the regulations as a whole and in the context of the particular product or service.
Advisers United Links: Members ¦ 50% Commission ¦ Regulated Referral ¦ Expat Referral ¦ Tax Trust Wills Referral ¦ Home ¦ Contact Us ¦ Book Callback ¦ Compliance Help ¦ Adviser Shop ¦ News Lobbying
