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The last part of this test, at subsection (d), is about whether there is a defect under the law of contracts that might make the agreement void or voidable. The other parts of the test are all about the fairness of the parties' negotiations. | The last part of this test, at subsection (d), is about whether there is a defect under the law of contracts that might make the agreement void or voidable. The other parts of the test are all about the fairness of the parties' negotiations. | ||
Now, even if there are no issues with an agreement under s. 164(3), the second test, at s. 164(5), allows the court to set aside agreements that are " | Now, even if there are no issues with an agreement under s. 164(3), the second test, at s. 164(5), allows the court to set aside agreements that are "significantly unfair" taking into <span class="noglossary">account</span>: | ||
<blockquote><tt>(a) the length of time that has passed since the agreement was made;</tt></blockquote> | <blockquote><tt>(a) the length of time that has passed since the agreement was made;</tt></blockquote> |
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