strike an unfair and unreasonable
contract, or an unfair and unreasonable
clause in a contract, entered into
between parties who are not equal in
bargaining ... choice,
but to give his assent to a contract or
to sign on the dotted line in a
prescribed or standard form or to accept
contract is found unreasonable or unfair or irrational one must look to the relative bargaining power of the contracting parties. In dotted line contracts there ... accept or leave the services or goods in terms of the dotted line contract. His opinion would be either to accept the unreasonable or unfair
contract is found unreasonable or unfair or
irrational one must look to the relative bargaining
power of the contracting parties. In dotted line
contracts there ... accept or leave the services, or
goods in terms of the dotted line contract. His option
would be either to accept the unreasonable or unfair
Union Of India vs Besco Limited (Wagon Division) on 31 July, 2023
Author: Chandra Dhari
back
on it.
66. Indian Oil Corporation Limited (supra) pertains to dotted line contracts,
where the main clause provided for unilateral termination of
distributorship without ... unfair in a dotted
line agreement and not binding. However, judgments on dotted line
agreements do not apply to commercial contracts but are those where
Specifications on the anvil of Articles 14 , 19(1)(g) , the dotted lines contract entered by the petitioner therein under Article 298 and declared Clause ... contract is found unreasonable or unfair or irrational one must look to the relative bargaining power of the contracting parties. In dotted line contracts there
stated that it was in the nature of a dotted line
contract which the defendant was forced to accept. It was stated that
defendant ... contract is found unreasonable or unfair
or irrational, one must look to the relative bargaining power of the
contracting parties. In dotted line contracts there
above ratio bears
no relevance since the contract was not to appoint Sri
Yethiraj as arbitrator nor the respondent stood by any award
being made ... Engineer of the Department, the party to
the contract. In the dotted lines contract it was held that
the consensus ad idem was absent
that in the event of what the learned Counsel called "dotted line contract", it was open to this Court to act under Section
contract is found unreasonable or unfair or irrational one must look to the relative bargaining power of the contracting parties. In dotted line contracts there ... accept or leave the services or goods in terms of the dotted line contract. His option would be either to accept the unreasonable or unfair
