A CRITICAL EXAMINATION OF STANDARD FORM CONTRACTS AND ITS IMPACT ON CONSUMERS IN CAMEROON

Abstract

Standard form contracts (SFCs) have unique features which make them different from ordinary contracts.  Although initially it was formed as an agent to facilitate market transactions, it is now seen as hindering the business process and increasing the cost of goods. Its practice in the daily consumer transaction has drawn attention due to its nature and characteristics. It is known as a contract which was prepared by one party without any negotiation between the parties and its formation is based on a “take it or leave it basis”. Its contents often consist of unfair terms such as exclusion and limitation clauses which often give benefits and advantage to the one who prepares the contract. In this new era, standard form contract reflects a new dimension of oppression of the consumers. The rise of this type of contract has deprive consumers of their rights which has indeed inspired the laws in many countries and Cameroon in particular to react against the increasing decline of the individual's capacity to make a free choice and bargain. Hence, adopting the content analysis method, this paper aims at examining the special nature of standard form contracts and its impact on consumers in Cameroon.The paper concludes with some robust proposals which if effectively implemented and enforced will go a long way to breach the gap between theory and practice.