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Unfair Terms in Consumer Contract Regulations SCHEDULE 3 Schedule 3 Paragraph 1 sets out a non-exhaustive list a terms which may be regarded as being unfair and states that “….[terms are unfair if they]…have the object or effect of: (a) excluding or limiting the legal liability of a seller or supplier in the event of … Continue reading
Unfair Terms In Consumer Conrtacts Regulations 1994 The Regulations bring into the frame of English law a Directive of the European Community and ultimately any issue of interpreting the Regulations must be done with both eyes fixed on giving effect to the Directive. Where the Regulations cannot be interpreted in a way which gives effect … Continue reading
Unfair Contract Terms Act 1977 – Dealing as a consumer Section 12 of the Unfair Contract Terms Act 1977 sets out what “dealing as a consumer” involves: (1) A party to a contract “deals as a consumer” in relation to another party if- (a) he neither makes the contract in the course of a business … Continue reading
Unfair Contract Terms Act 1977 – Reasonableness Where a court has to consider the reasonableness of an exclsuion clause it must consdier all the relevant circumstances, and where the considering the reasonableness of an exclsuion clause not totally excluding liability but merely limiting liability then there guidance is provided to the court under section 11(4) … Continue reading
– EXCLUSION CLAUSES – UNFAIR CONTRACT TERMS ACT 1977 The Unfair Contract Terms Act 1977 is deceptively named as it does not just control contractual relations but extends to cover other forms of legal relationships between people; and it where applied to a contractual relationship it does not cover all “unfair” terms but only exclusion clauses. … Continue reading
Proper construction of exclusion clauses There are three ways in which in which an an incorporated exclusion or exemption clause may fail effectively to cover the situation complained of by the consumer: 1. Exclusion clauses will be construed strictly (a limitation clause will not be construed as strictly as an exclusion clause) and that any … Continue reading
Exclusion clause incorporation Signed documents Where a contractual document is signed then as the general rule is that all the terms which appear on the document or are referred to in the document are incorporated into the contract. An exception to this rule is where the document is signed in the belief that it is … Continue reading
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