Selected Cases by Article & Issues
Article 2.1.209 Cases
(1) No term contained in standard terms which is of such a character that the other party could not reasonably have expected it, is effective unless it has been expressly accepted by that party.
(2) In determining whether a term is of such a character regard shall be had to its content, language and presentation.
| Number | Issue | # Cases |
|---|---|---|
| 1 | "Surprising terms" defined | 1 |
| 1.1 | Terms "surprising" by virtue of their content | 5 |
| 1.2 | Terms "surprising" by virtue of their language or presentation | |
| 2 | "Surprising terms" ineffective unless expressly accepted by the adhering party | 4 |