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Proposed law gives courts power to overturn exploitative contracts
The bill clarifies that where a term attempts to limit liability for loss or damage resulting from negligence, a person’s agreement to that term will not in itself amount to a voluntary acceptance of risk.
Courts will soon have more leeway to strike down contracts containing oppressive or excessively one-sided terms if Parliament passes the newly proposed law that could reshape business and consumer agreements across the country.
Parliament has received the Law of Contract (Amendment) Bill, 2025 which aims to give judges powers to intervene in agreements where one party is clearly at a disadvantage.