79 Square brackets

The square brackets in Interim Outline Edition II. — 9:404 (Meaning of ‘unfair’ in contracts between a business and a consumer) (now II. — 9:403) remain. The question here is whether the control on unfair terms in a contract between a business and a consumer should apply (a) only to terms which have not been individually negotiated or (b) to any terms which have been supplied by the business. The practical consequences of keeping or removing the words ‘which has not been individually negotiated’ would probably not be great in this context (given that most terms supplied by the business would in any event not be individually negotiated) but the question is a delicate one and better left to a political decision. The square brackets in Interim Outline Edition III. — 5:108 (Assignability: effect of contractual prohibition) have been deleted as it proved possible to reach a decision in favour of a less complicated solution than that formerly presented in paragraph (5).