Tuesday 30 March 2010

Answering problem questions on Unfair Contract Terms

http://www.kent.ac.uk/law/currentug/skills/documents/AdvanceProblemQuestionanalysis-unfaircontractterms..ppt

Please follow the above link which provides a powerpoint presentation giving further information on the Unfair Contract Terms

A few points of interest:

UCTA
Section 12 - Defintion of a consumer - An individual or business acting outside their usual trade or profession
Section 14 - Under S.14(2) Sales of Goods Act 1979 a consumer is entitled to reject an item if it is not of satisfactory quality.

UTCCR
It is very unlikely that a contract will ever be exempt from the test of fairness.
Again, a consumer is defined as being 'limited to natural people acting outside their normal course of business", although a business can never be a consumer.

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