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Yeah, I am talking about Common Law in general. Interestingly, consumer protection aspect you talk about is very similar. Stronger protection is given to consu
by seferphier 13y ago
Yeah, I am talking about Common Law in general.
Interestingly, consumer protection aspect you talk about is very similar. Stronger protection is given to consumers through legislation - eg: Sales of Goods Act in UK. The word "reasonable" is ingrained into common law and a 1000% interest loan would certainly not be reasonable.
>You cannot get away from a contract by simply not reading it
All circumstances around the contract would be considered in common law. I believe the courts would rather void the term on the basis of unfairness rather than putting weight on the fact that the person did not read it.
Contract is binding even if you have not read the contract is a very important cornerstone of contract law. Almost everyone that signs the contract does not read the contract - even contract that exceeds billions of dollars. They turn to their lawyers to read and negotiate the terms. Complex and specific terms are required to specify the rights and obligation of each side. If we are forced to read the contract before we sign them, our society would not be able to operate and many disputes would arise over overly broad terms that can be interpreted in many different ways.
- sageikosa 13y ago> a 1000% interest loan would certainly not be reasonable. Some payday loans calculated APR is in the high hundreds of percentages (like 600%+). Lenders are often required by law to report the APR even though the terms of the loan may only be for a few weeks worth of time, causing the inflated APR. Payday loans, however, are generally held to be enforceable contracts.