C. THE UNFAIR CONTRACT TERMS ACT 1977
The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence, largely by reference to a reasonableness requirement, but in some cases by a specific prohibition.
S.6(2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term.
Exclusion clauses subject to reasonableness
S.6(3) states that as against a person dealing…show more content… (2) Whether the customer received an inducement to agree to the term. (The supplier may have offered the customer a choice: a lower price but subject to an exemption clause or a higher price without the exemption.)
(3) Whether the customer knew or ought reasonably to have known of the existence and extent of the term.
(4) Where the term excludes or restricts any relevant liability if some condition is not complied with, whether it was reasonable at the time of the contract to expect that compliance with that condition would be practicable.
(5) Whether the goods were manufactured, processed or adapted to the special order of the custom
The Regulations apply, with certain exceptions, to unfair terms in contracts concluded between a consumer and a seller or supplier and provide that an unfair term is one which has not been individually
Introduction
In the present essay the problem covered will be The Unfair Contract Terms Act 1977, known as UCTA and the Unfair Terms in Consumer Contract Regulations 1999, known as UTCCR. As things stand at present, consumers are faced with two pieces of legislation in a vital area of contracts. The main areas analysed will consist of a historical background of the Act and the Regulations, a comparison between them but also the inconsistencies and overlaps which exist regarding these two layers
The way exclusion clauses are treated has developed over the years through case law and the courts, but their purpose remains the same: to exclude the contracting party of liability in the event that the contract is breached or problems are incurred during the time of the contract. Contracts are legally enforcing promises freely entered into by two or more parties. Over the past few decades, a conflict has emerged between the freedom for people to contract to any contracts they wish and interference
Exclusion Clauses Essays
Business Law
Word Count: 1950
Exclusion Clauses Essay
Exemption clauses are an agreement in a contract which helps the party to have limited or to exclude liability. It can be used unfairly which makes it a disadvantage to other partys which is why there are laws in place to limit the use of clauses and to make it fair. Mr. Torres has been using Greased Lightening for five years this time he placed a different order and at the same time the contract arrived late as well
1999 intended to solve,
and has it succeeded?
Before we can delve into the question of the Contract Right of Third Parties Act 1999 we must first discuss the ideology of Privity in contract law. This is something that has been prevalent for many years and is a highly controversial doctrine. In this essay I shall discuss the changes bought forward by the Act, define the doctrine and delve into the extent of the success of the Act taking into consideration it 's many various criticisms.
The Doctrine
In contract agreements, terms are being designed to provide a stable formation. The protection of the parties guaranteed by the terms of the contract. In these binding terms, are listed all the duties and obligations of each party. This essay will first explore, the validity of the exclusion clause between Spinning Farm Limited (“SFL”) and Maz’s Supermarket by analysing the aspects of incorporation (by signature; L’ Estrange1, by notice; Olley2, Chapeltion3 and Parker4 and the course of dealings;
In contract agreements, terms are being designed to provide a stable formation. The protection of the parties guaranteed by the terms of the contract. In these binding terms, are listed all the duties and obligations of each party. This essay will first explore, the validity of the exclusion clause between Spinning Farm Limited (“SFL”) and Maz’s Supermarket by analysing the aspects of incorporation (by signature; L’ Estrange1, by notice; Olley2, Chapeltion3 and Parker4 and the course of dealings;
rule; Houghton) and statutory controls. In order to answer Part 2, it will necessary to structure an exception clause for SFL to avoid any future claims of consumers. Research into the Unfair Contract Terms Act 1977 (“UCTA”) and Consumer Rights Act 2015 (“CRA”) should be analysed. This essay will substantiate the view that the exclusion clause of SFL was invalid, therefore, a claim from Maz Supermarket would be entirely justified. On behalf of Part 2, the upcoming clause will protect the business for
Essay Title A – Amber Pretty exercise
The Consumer Protection Act 1987 was passed to give effect to the Directive. Compare the rights and remedies given by the Act with those available in Contract and Tort. Consider in the light of this comparison whether the Act has succeeded in its main aims.
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Defective products, which cause damage, can give rise to liability and this traditionally arose under the common law. However, the common law approach
The doctrine of privity had “few friends” by the end of the 1900’s for a number of reasons because in the cases that I have mentioned throughout this essay, some judges seem to avoid using the privity rule in cases when it would apply and only when the Act was later reformed judges had said this rule should have been used on past cases. The doctrine of privity has two distinct general rules one being that a third party cannot be subject to a burden by a contract to which he is not a party to. This