Law Commission of India – 199th Report
The Law Commission of India in its 199th Report, addressed the issue of “Unfair (Procedural & Substantive) Terms in contract”. The Law Commission inter alia recommended that a legislation be enacted to counter such unfair terms in contracts. In the draft legislation provided in the Report, it was stated that:
“… a contract or a term thereof is substantively unfair if such contract or the term thereof is in itself harsh, oppressive or unconscionable to one of the parties.”