As things stand at present, consumers are faced with two pieces of legislation in a vital area of contracts.
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The main determination in the regulations of 1999 is to regulate the unfair terms stylish contract between consumer and seller.
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It differed from AN earlier law, the 1977 unfair contract bridge terms act, which was passed aft the publication of law commissions reports in 1969 and 1975, in CRO of application and some other points.
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Fashionable his ideology of marxism, karl Herbert Marx suggested that the poverty gap betwixt the rich and poor in A capitalist country testament expand greatly, tipping the balance stylish favour of better business enterprises, causation the inequality of bargaining power betwixt an enterprise and a consumer to.
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What is the burden of proof under UCTA?
The burden of proof as to whether the clause satisfies the required test differs in each piece of legislation; in UCTA it lies upon the person seeking to use the clause; and under the Regulations it lies upon the consumer, so offering considerably less protection for the consumer.
What is the reasonableness test in UCTA 1977?
The reasonableness test is defined under section 11 (1) of UCTA 1977 as whether the term is a fair and reasonable one to have been added at the time the agreement was being made (George Mitchell Ltd v Finney Lock Seeds Ltd) . This is also applicable under regulation 5 of UTCCR 1999, which contains the unfairness test.
What does UCTA mean in terms of common law?
UCTA, despite its broad title, is concerned with ‘contractual provisions and notices seeking to limit or exclude liability’ (including non-contractual terms and notices), removing the need to stretch the common law through ‘strained construction’.
Last Update: Oct 2021
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