[Ecommerce] BC government is proposing new legislation with "new good faith term" for non-negotiated contract

[Manon Anne Ress]

The government of British Columbia is proposing a new Consumer 
Protection Act.  Comments should be forwarded no later than January 31, 
2003.
See: Proposed Consumer Protection Act - Discussion Paper
http://www.pssg.gov.bc.ca/legislation/consumers/paper.htm

[SNIP]
Standardizing Contract Requirements
Consumer law protects consumers who feel they have been pressured or 
otherwise encouraged to sign unfair contracts by establishing standard 
terms that must be included in all contracts or that can override unfair 
terms in contracts negotiated between buyers and sellers. For example, 
B.C. consumers have the right to cancel a door-to-door sales contract 
within ten days. These standard terms will be retained and simplified.
[SNIP]
The new legislation will establish one set of rules for future service 
contracts. These will include disclosure requirements, consumer 
cancellation rights, terms that are not written into the contract but 
are understood to be there, and supplier performance criteria.

In most cases, contracts are not actually negotiated and consumers have 
to accept pre-set clauses on a "take-it-or-leave-it" basis. These set 
terms may favour the seller at the consumer's expense. For example, some 
pre-set clauses allow the supplier to amend the contract at any time 
without the consumer's input. A new "good faith" term will be introduced 
requiring the supplier to take the consumer's interests into account 
when developing these non-negotiated terms.
[SNIP]


-- 
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176