The general rule is that a liability contract is valid and fully applicable, unless it is not to be renovated for the party that signs it. [8] Malevolence, although a difficult term to define is often difficult to define[9], can be determined by the following factors:[10] There is nothing ineligible, or even false in detention contracts. Indeed, most companies would never complete their transaction volume if it were necessary to negotiate all the terms of any consumer credit contract. Insurance contracts and leases are other types of liability contracts. This does not mean that all detention contracts are valid. Many detention contracts are unacceptable; they are so unfair to the weaker party that a court will refuse to impose it. For example, strict penalties for non-payment of credit rates, which are physically hidden by small print in the middle of an opaque paragraph of a long-term loan agreement. In this case, a court may find that there is no meeting of the parties and that the weaker party has not accepted the terms of the contract. In order for a contract to be treated as a liability contract, it must be presented as «Take it or leave,» which does not give a party the ability to negotiate because of its uneven negotiating position.

Liability contracts are subject to a review that can be carried out in many respects: in a liability contract, one party has much more power than the other in drafting the contract. For there to be a liability contract, the supplier must provide a customer with standard terms identical to those of other customers. These terms and conditions are non-negotiable. Although detention contracts are legal in most countries, they are often subject to scrutiny by the courts prior to the application of the law, in part because of the potential for inappropriate unilateral conditions that argue in favour of the rapporteur for advice. By providing a standardized contract with non-negotiable terms, liability contracts reduce the need for consumer-specific custom contracts, increasing efficiency and saving time for both buyer and seller.