PRINCIPLE OF SUFFICIENCY OF NOTICE UNDER THE STANDARDFORM OF CONTRACT: AN ANALYSIS OF JUDICIAL PERSPECTIVE

Introduction:
The law of contract is that branch of the law which lays down basic general principles to be
observed by the parties entering into contract and determines the circumstances in which a promise
shall be legally binding on the person making it.
The principal characteristic of the law of contract is the principle of party autonomy, wherein
it is for the parties to determine the terms and nature of an agreement and the function of the Court
is to ascertain and to give effect to the rights and obligations to which the parties have agreed upon.
Since the consent of parties is sine qua non of every contract,1 there is lesser chance contract leading
dispute, unless the consent is not a free consent.2 This situation often exists in Standard Form of
Contract.
Meaning:
Before understanding the role of Judiciary in protecting the rights and enforcing obligations
under the Standard Form Contract, it is important to understand the meaning of same.
A standard-form contract is otherwise known as standardized contract. Standard-form contract
is usually a preprinted contract containing set clauses. Such contract is mostly used by a business or
within a particular industry by making slight additions or modifications in order to meet the specific
situation. Since a standard-form contract favors the drafting party, they can amount to adhesion
contracts. Unforeseeable contingencies affecting performance, such as strikes, fire, and transportation
difficulties can be taken care of with the help of standard-form contract.3