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Filling out an application form that is actually a contract?

Re: Filling out an application form that is actually a contr

Postby atticus » Wed Nov 30, 2016 2:25 pm

A clause which creates a significant imbalance between the parties, to the detriment of the other, may be regarded as unfawand unenforceable. See the recent Supreme Court Parking Eye case.
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Re: Filling out an application form that is actually a contr

Postby dls » Wed Nov 30, 2016 2:29 pm

For a summary see

http://www.bailii.org/uk/cases/UKSC/2015/67(image1).pdf
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Re: Filling out an application form that is actually a contr

Postby atticus » Wed Nov 30, 2016 2:30 pm

Link doesn't work
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Re: Filling out an application form that is actually a contr

Postby derail » Wed Nov 30, 2016 2:48 pm

atticus wrote:A clause which creates a significant imbalance between the parties, to the detriment of the other, may be regarded as unfawand unenforceable. See the recent Supreme Court Parking Eye case.


Purely hypothetical here so I can get the gist of all this. If I sign a contract agreeing to sell my £1million pound house for a fiver and I later realise that I've made a terrible mistake can I realistically say that the significant imbalance between what I agreed and what the house is actually worth makes the contract unenforceable? Would a judge be likely to agree?
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Re: Filling out an application form that is actually a contr

Postby atticus » Wed Nov 30, 2016 2:53 pm

No. We're talking about clauses which define consequences for breach of contract.
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Re: Filling out an application form that is actually a contr

Postby derail » Wed Nov 30, 2016 2:55 pm

Ah right gotcha! So there's not much in law that prevents someone sober and of sound mind from signing a ridiculously imbalanced contract?
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Re: Filling out an application form that is actually a contr

Postby atticus » Wed Nov 30, 2016 3:00 pm

The law does not protect you if you have made a bad bargain.
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Re: Filling out an application form that is actually a contr

Postby 3.14 » Wed Nov 30, 2016 3:25 pm

derail wrote:
3.14 wrote:
diy wrote:I suspect somebody is on commission for signing up applicants and does't get paid until they turn up to work.

That is my strong suspicion too. I have known headhunters who have hired me for senior loss prevention roles that required me to sign a contract that had clauses that they could sue me for certain amounts if i left the role withing 6 months.
But did they call it a contract or an application form?

Contract between me and them and everything was upfront and explained.
Hide in the noise. #hackerwisdom
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Re: Filling out an application form that is actually a contr

Postby diy » Wed Nov 30, 2016 4:44 pm

atticus wrote:A clause which creates a significant imbalance between the parties, to the detriment of the other, may be regarded as unenforceable. See the recent Supreme Court Parking Eye case.


My understanding of the judgement in that case, is that it relied on section 54 of the Protection of Freedoms Act 2012. I didn't think it created the ability to have commercial deterrents beyond private parking enforcement?
My suggestions are not legal advice
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Re: Filling out an application form that is actually a contr

Postby atticus » Wed Nov 30, 2016 5:33 pm

The case restates the law on penalties.
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