2 To The Dick Tate CEO of Epick Subject – Discussion regarding Unfair Contract Terms according to regulations Dear Sir Based on given terms and conditions concerning the access to games by a subscriber presented in the contract law assignment, it can be noticed that some terms are not considered as fair and reasonable. In this aspect, a contract is considered as unfair of the terms of the contract, provides one party to change the contract, but not to other parties. Further, if it limits the rights about suing to other parties, then also it is considered as unfair terms in the contract. Although there are no definite aspects concerning the assessment of unfair contract terms is described in the law. According to Section 24 of the Australian Consumer Law, (Stated in the Competition and Consumer Act 2010, schedule 2), establish a national unfair terms aspect[19]. In this aspect, as per Section 23 of the cited Act, a term of the contract is considered as void, if it is unfair and included in a standard form contract[20]t. Further section 24 of the Act, describes the unfairness of consumer contract. In a specific manner, it is considered unfair if – It would assist with major imbalances in the rights and obligations of the parties[21]. It is not essential for the protection of legitimate interest. It would be a detriment to the interest of parties if applied[22]. In case of automatic renewal contracts, the fairness of terms is based on the length of the renewal schedule explained in the contract, if it is for one month, then it is considered as reasonable. Further, if the subscriber cannot easily cancel the contract after renewal takes place, then in such case it is also considered as unfair. Further, unilateral increases in the prices are also assisting towards unfair terms in the contract. Apart from this, in part determine the price after signing of the contract, then it is probably an unfair term as one party is bound to perform the contract without knowing the prices. Based on above aspects discussed in the contract law assignment, it can be asserted that the terms by the Epick about renewal period, increment in the prices, non-cancellation of subscription by subscriber after renewal, not any liability for disruption in services, not any reduction in subscription fee for a disturbance in services, and some others is considered as unfair terms of the contract as rights and duties of one party is significantly affected. Moreover, incorporation of such terms and conditions are not essential for the legitimate business interest of Epick. Therefore, all such norms are considered as ‘Unfair Contract Terms’ by considering cited rules and regulations. In these aspects, some of the changes that are recommended to the company are as follows – Renewal period should not be more than one month. There should be the provision of cancellation of subscription by the subscriber at any time. For the disruption of services, the company should take some obligations. For any increment in the prices, prior notice must be given to the subscriber. Thank You Date: 16 th May 2020 References Andrews, Neil. ‘Frustration and Termination by Notice.’ 2016 Arbitration and Contract Law. contract law assignment Springer, Cham, Carter, J. W., and Wayne Courtney. ‘Good faith in contracts: is there an implied promise to act honestly?’ 75.3, 2016 The Cambridge Law Journal Clarke, Philip H. ‘Curbing the Abuse of a Dominant Position Through Unfair Contract Terms Legislation: Australian and UK Comparison.’ 2017 The Constitutional Dimension of Contract Law. Springer, Cham, Davies, Paul S. ‘Contract Formation and Implied Terms. 77.1, 2018 The Cambridge Law Journal Feldman, Steven W. ‘Statutes and Rules of Law as Implied Contract Terms: The Divergent Approaches and a Proposed Solution.’ 19, 2016 U. Pa. J. Bus. L. Goldberger, Jeffrey. ‘Implied contracts and implied terms-part 2 of 3.’ 33.3,2019 Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia Governatori, Guido, et al. ‘On legal contracts, imperative and declarative smart contracts, and blockchain systems.’ 26.4, 2018 contract law assignment Artificial Intelligence and Law Keating, Gregory C. ‘Response to Fox: Impaired Conditions, Frustrated Expectations, and the Law of Torts.’ 117,2017 Colum. L. Rev. Online Kovac, Mitja. ‘Frustration of purpose and the French Contract Law reform: The challenge to the international commercial attractiveness of English law?.’ 25.3, 2018 Maastricht Journal of European and comparative law Lemmer, Elmari. ‘The employment contract: build in the safeguards!.’ 18001, 2018, Farmer’s Weekly Maleki, Mohammad Reza, and Ali Mohammadzadeh. ‘The Effects of Non-Performance of Contract as a Result of Frustration of Purpose.’ 10,2017 J. Pol. & L. Méda, Dominique, and Patricia Vendramin. ‘Expectations Frustrated by Changes in Work.’ 2017 Reinventing Work in Europe. Palgrave Macmillan, Cham Mrozek, Randy A., et al. ‘Open pore, elastomeric scaffolds through frustrated particle collapse.’51.24, 2016 Journal of Materials Science Piper, Josh M., and Erik Ruda. ‘Employee” No-Poaching” Clauses in Franchise Agreements: An Assessment in Light of Recent Developments.’ 38.2, 2018 contract law assignment Franchise Law Journal Valenti, Alix. ‘Texas Court of Appeals Applies the Covenants Not to Compete Act to a Forfeiture Provision in an Employment Agreement.’ 19, 2019 Hous. Bus. & Tax LJ Online ‘Unfair Contract Terms’ <https://www.accc.gov.au/consumers/contracts-agreements/unfair-contract-terms>[16 May 2020] Case laws Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982]HCA24 Commsupport Pty Ltd v Mulligan & Mirow [2018]QDC134 National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524 Taylor v Caldwell [1863] 3 B & S 826 Laws Competition and Consumer Act 2010 Fair Work Act 2009 [1] Dominique Méda, and Vendramin Patricia. ‘Expectations Frustrated by Changes in Work.’ 2017 Reinventing Work in Europe. Palgrave Macmillan, Cham, 93-144 [2] Gregory C Keating. ‘Response to Fox: Impaired Conditions, Frustrated Expectations, and the Law of Torts.’ 117,2017 Colum. L. Rev. Online , 212. [3] Taylor v Caldwell [1863] 3 B & S 826 [4] National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524 [5] Neil Andrews. ‘Frustration and Termination by Notice.’ 2016 Arbitration and Contract Law. Springer, Cham, 273-278 [6] Mitja Kovac. ‘Frustration of purpose and the French Contract Law reform: The challenge to the international commercial attractiveness of English law?.’ 25.3, 2018 Maastricht journal of European and comparative law,288-309 [7] Mohammad Reza Maleki, and Mohammadzadeh Ali. ‘The Effects of Non-Performance of Contract as a Result of Frustration of Purpose.’ 10,2017 J. Pol. & L. 200 [8] Randy A Mrozek., et al. ‘Open pore, elastomeric scaffolds through frustrated particle collapse.’51.24, 2016 Journal of Materials Science, 10761-10774. [9] Jeffrey Goldberger. ‘Implied contracts and implied terms-part 2 of 3.’ 33.3,2019 Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia,12 [10] Paul S Davies. ‘Contract Formation and Implied Terms. 77.1, 2018 The Cambridge Law Journal, 22-25 [11] Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24 [12] J. W Carter., and Courtney Wayne. ‘Good faith in contracts: is there an implied promise to act honestly?’ 75.3, 2016 The Cambridge Law Journal ,608-619 [13] Guido Governatori, et al. ‘On legal contracts, imperative and declarative smart contracts, and blockchain systems.’ 26.4, 2018 Artificial Intelligence and Law, 377-409 [14] Steven W Feldman,. ‘Statutes and Rules of Law as Implied Contract Terms: The Divergent Approaches and a Proposed Solution.’ 19, 2016 U. Pa. J. Bus. L.809 [15] Alix Valenti. ‘Texas Court of Appeals Applies the Covenants Not to Compete Act to a Forfeiture Provision in an Employment Agreement.’ 19, 2019 Hous. Bus. & Tax LJ, 62 [16] Elmari Lemmer. ‘The employment contract: build in the safeguards!.’ 18001, 2018, Farmer’s Weekly,33-33 [17] Commsupport Pty Ltd v Mulligan & Mirow [2018]QDC134 [18] Josh M Piper., and Ruda Erik. ‘Employee" No-Poaching" Clauses in Franchise Agreements: An Assessment in Light of Recent Developments.’ 38.2, 2018 Franchise Law Journal, 185-205 [19] Competition and Consumer Act 2010 [20] ‘Unfair Contract Terms’ <https://www.accc.gov.au/consumers/contracts-agreements/unfair-contract-terms>[16 May 2020] [21] Philip H Clarke. ‘Curbing the Abuse of a Dominant Position Through Unfair Contract Terms Legislation: Australian and UK Comparison.’ 2017 The Constitutional Dimension of Contract Law. Springer, Cham,185-216 [22] ‘Unfair Contract Terms’ <https://www.accc.gov.au/consumers/contracts-agreements/unfair-contract-terms>[16 May 2020]
Subject Name: Civil Law_x000D_
Level: Undergraduate
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