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Utccr 1999 essay

utccr 1999 essay

of ucta. This process of striking out a clause on the grounds of incomplete incorporation' was one of the ways that the courts had sought to control exclusion clauses in the pre-ucta days. The Unfair Contract Terms Act provides different levels of protection. It does not therefore provide comprehensive protection against unfair terms. However, utccr does nothing to control onerous terms in non-consumer contracts. Mrs Thompson was an adult of full capacity, despite being unable to read, and had the notional freedom to either enter the contact or refrain.

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Whatever the merits of this argument, there are clearly exclusions that perpetuate an injustice so great that they can't be tolerated in a decent society. Attempts to disclaim liability for losses caused by negligence will be struck out if they don't pass the test of reasonableness' (of which, more later). Ucta covers a wide range of contracts, however, does not address all exemption clauses, only those attempting to exclude or restrict business liability' in certain circumstances and which are not excluded from the Acts operation. They derive from an EU Directive and apply only to consumer contracts ( Reg 4 ). . As it turned out, the EC had also been considering legislation to control onerous clauses, and a Directive was issued to that effect in 1993. Interfoto case showed that the courts were prepared to go through the whole process again for other types of onerous clause, this was hardly satisfactory. "The unfair contract terms act.". This may be no bad thing, but there is no corresponding rule for business contracts. There is little case law which considers what good faith' is in terms of consumer contracts, so it may be that this phrase adds little to our understanding of unfairness.

utccr 1999 essay

By two separate pieces of legislation; the Unfair Contract Terms Act 1977 (.
TA and the Unfair Terms in Consumer Contracts Regulations 1999 (utccr).
These Regulations revoke and replace the Unfair Terms in Consumer Contracts Regula tions 1994 (S.I.