Tailored and well-structured standard form contracts are the bedrock of robust commercial relationships, for both business and consumer relationships. They provide clarity for all parties and ensure businesses are compliant with their legal obligations.
By proactively outlining and communicating equitable terms by way of a standard form contract, businesses not only mitigate the risk of customer actions in respect of the contract for uncertainty or unfair terms, but also cultivate trust, credibility, and enduring relationships with clients.
However, even the most robust contract will not prevent claims of unfair contract terms.
This was demonstrated in a case where we represented a luxury motor vehicle dealership in a legal dispute initiated by a former customer.
The customer raised multiple issues, including challenges to the client’s standard form contract and allegations of unfair contract terms. In addition, violations of the Australian Consumer Law (ACL) were claimed based on pre-contractual negotiations for a custom ordered vehicle.
Results Legal, having prepared the standard form contract for the company’s dealerships across Australia, was the ideal choice for representing our client’s interests in this dispute.
Our client achieved success in the trial and subsequent appeal to the Federal Court. It is worth noting that our client was also awarded costs on an indemnity basis given the offers made for costs protection during the matter.
Results Legal offers a unique advantage to our clients with our expertise in both the drafting of standard form contracts and litigation of commercial disputes.
Our team understands the importance of creating robust and tailored commercial documentation that protects your interests and minimises the risk of spurious claims of breach of contract terms or the ACL.
