The enactment of the unfair contract terms act 1977 ucta was a key point to english contract law. At present unfair contract terms are governed by two separate pieces of legislation. However, there are some interesting developments which relate to the use of exclusion clauses which should be considered. Overview of the unfair contract terms act law teacher. In january 2001, the law commission were asked to rewrite the law of unfair contract terms as a single regime, creating an unfair contract terms. Unfair contract terms act 1977 ucta practical law uk glossary 51077449. Critically discuss whether the law relating to exemption clauses and unfair terms is in need of reform. It mostly brings together and consolidates the existing law protecting consumers.
These are the sources and citations used to research contract law unfair terms. A statute which imposes limits on the extent to which liability for breach of contract, negligence or other breaches of duty can be avoided by means of contractual provisions such as exclusion clauses. Unfair contract terms act 1977 ucta related content. A and the unfair terms in consumer contracts regulations 1999 u. At present there are two pieces of legislation which control unfair contract terms, and exclusion clauses under english law. The consumer rights act 2015 updates the law on the use of unfair contract terms in consumer contracts. Lawson argues that when a term in a contract is disputed its validity must be determined against the act and the regulations. The effect of the regulations is to create a regime that is separate from the unfair contract terms act. The problem in this case is that richard in his contract has created three exclusion clauses, which is upheld then leaves no avenue for gillian to sue. A clause may be inserted into a contract which aims to exclude or limit one partys liability for breach of contract or negligence. This bibliography was generated on cite this for me on friday, january, 2017. The regulations implement the terms of the directive in english law.
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