Unfair Contract Terms Directive, Article 6, 1.

A contract cannot be set aside on the grounds of subsequent illness and it is not unfair to enforce the contract.

In January 2011, the defendant developed a blood clot in the brainstem and was on sick leave until May or June that year where she resumed work. In July 2011, the defendant signed up for an online course. In August 2011, the defendant told her employer that she was unfit for work and was consequently fired the following month. As the defendant's medical condition made reading unendurable, she attempted to get participation in the online course postponed. However, the defendant's request was denied at which point she ceased all payments.

The court stated that it was not unfair to enforce the contract despite the defendant's illness and that it was not reasonable to let one party bear the risk of the other party falling ill.

Can a contract be set aside on the grounds of subsequent illness and is it unfair to enforce it under those circumstances?

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The plaintiff's claim was sustained.