What is the judicial approach in standard form of contract?

Answer 1

The judicial approach to standard form contracts typically emphasizes fairness and transparency, ensuring that the terms are not unconscionable or overly burdensome on one party. Courts often scrutinize these contracts for clarity and whether the parties had a genuine opportunity to negotiate terms. Additionally, the principle of interpretation in favor of the party who did not draft the contract is commonly applied, especially if the terms are ambiguous. Ultimately, the focus is on protecting consumers and ensuring equitable treatment in contractual relationships.