Section 71 | Duty of court to consider fairness of term

(1)Subsection (2) applies to proceedings before a court which relate to a term of a consumer contract.

(2)The court must consider whether the term is fair even if none of the parties to the proceedings has raised that issue or indicated that it intends to raise it.

(3)But subsection (2) does not apply unless the court considers that it has before it sufficient legal and factual material to enable it to consider the fairness of the term.