| a) |
offer to supply, supply, or enter into an agreement to supply, any goods or services— |
| i) |
at a price that is unfair, unreasonable or unjust; or |
| ii) |
on terms that are unfair, unreasonable or unjust; |
| b) |
market any goods or services, or negotiate, enter into or administer a transaction or an agreement for the supply of any goods or services, in a manner that is unfair, unreasonable or unjust; or |
| c) |
require a consumer, or other person to whom any goods or services are supplied at the direction of the consumer— |
| ii) |
assume any obligation; or |
| iii) |
waive any liability of the supplier, |
on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction.
| 2) |
Without limiting the generality of subsection (1), a transaction or agreement, a term or condition of a transaction or agreement, or a notice to which a term or condition is purportedly subject, is unfair, unreasonable or unjust if— |
| a) |
it is excessively one-sided in favour of any person other than the consumer or other person to whom goods or services are to be supplied; |
| b) |
the terms of the transaction or agreement are so adverse to the consumer as to be inequitable; |
| c) |
the consumer relied upon a false, misleading or deceptive representation, as contemplated in section 41 or a statement of opinion provided by or on behalf of the supplier, to the detriment of the consumer; or |
| d) |
the transaction or agreement was subject to a term or condition, or a notice to a consumer contemplated in section 49(1), and— |
| i) |
the term, condition or notice is unfair, unreasonable, unjust or unconscionable; |
or
| ii) |
the fact, nature and effect of that term, condition or notice was not drawn to the attention of the consumer in a manner that satisfied the applicable requirements of section 49. |
Protection of Businesses Act, 1978
