Unfair Contract Terms Provisions in CESL

15-05-2012

This Note addresses the provisions on Unfair Contract Terms in the proposed Common European Sales Law (CESL) for both “business to business” (B2B) and “business to consumer” (B2C) transactions, from the perspective of a lawyer who has both experience as a practitioner and a legal academic. It suggests that the provisions of CESL may be inappropriate in the B2B arena, being both too intrusive, and also failing to provide sufficient structure for the judicial review of potentially unfair terms.

This Note addresses the provisions on Unfair Contract Terms in the proposed Common European Sales Law (CESL) for both “business to business” (B2B) and “business to consumer” (B2C) transactions, from the perspective of a lawyer who has both experience as a practitioner and a legal academic. It suggests that the provisions of CESL may be inappropriate in the B2B arena, being both too intrusive, and also failing to provide sufficient structure for the judicial review of potentially unfair terms.