The Unfair Terms Of Consumer Contracts Regulations

861 Words Nov 5th, 2014 4 Pages
Slide 3
UCTA: Unfair Contract Terms Act
UCTRR: The Unfair Terms in Consumer Contracts Regulations
Slide 4
Signed Document: Where the contract has been signed by the consumer. L’estrange v Graucoub, Curtis v Chemical Cleaning Co
Lestrange v Graucoub:
- claimant bought a cigarette vending machine.
- Signs an order form containing clause removing all liability regarding the condition and warranty.
- The machine didn’t work.
- Was held that she was bound by the terms as she had signed contract despite not reading the form.
Unsigned Document: The clause can also be incorporated through a ticket or notification.
1. The clause must be contained in a contractual document, where a reasonable person would think to find a contractual term, not in a document which just proves payment (receipt)
Parker v SE Railway:
- The plaintiff left a bag in a cloak-room at defendants ' railway station.
- He received paper ticket which on back read "The company will not be responsible for any package exceeding the value of £10."
- The plaintiff presented his ticket on the same day, but his bag could not be found.
- claimed £24 as the value of his bag,
- company pleaded the limitation clause in defence.
- Court of Appeal held

- If the person receiving the ticket did not see or know that there was any writing on the ticket, he is not bound by the conditions;
- If he knew there was writing, and knew or believed that the writing contained conditions, then he is bound by the…

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