Sexual Orientation and Discrimination in Goods & Services

Contractual terms which are discriminatory on the grounds of sexual orientation

Contracts are used to set out the agreement between someone using or purchasing goods and services and someone who supplies those goods and services. The contract may be a simple verbal contract such as when you buy something in a shop, exchanging money for the item you want, or it maybe more complex such as when you sign a conveyancing document to buy a house.

In both these cases there will be terms in the contract that have been clearly expressed during the transaction, and there will be other terms that are implied by law.

In the simple case of buying a newspaper you would expect that all the pages inside the paper are included and readable. Consumer law implies that the newspaper will be of satisfactory quality and fit for the purpose. A newspaper that was unreadable would break these implied terms of the contract and you would have the option of using the courts to enforce your rights. A written contract cannot usually take away the rights given in law which is why most guarantees and warranties state that they "do not effect your statutory rights".

The laws on discrimination in goods and services means that the right to obtain goods and services is now implied into many contracts (but see the exeptions) and any term in the contract that is discriminatory can be challenged and may be found to be unenforceable.