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The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) was a UK statutory instrument, which implemented the EU (then EEC) Unfair Consumer Contract Terms Directive into domestic law. [n 1] It replaced an earlier version of similar regulations, [n 2] and overlaps considerably with the Unfair Contract Terms Act 1977.
The primary legislation on unfair contract terms deriving from the EU is the Unfair Terms in Consumer Contracts Regulations 1999. [3] Both UCTA 1977 and UTCCR 1999 cover similar ground and can give rise to concurrent claims.
Unfair terms in consumer contracts are declared void by paragraph 209/A(2) of the Hungarian Civil Code, which also states in paragraph 209(1) that. A standard contractual term or a contractual term not negotiated individually in a consumer contract shall be unfair if it establishes the rights and obligations of the parties arising from the contract unilaterally and unjustifiably, in breach of ...
Director General of Fair Trading v First National Bank plc [2001] UKHL 52 is the leading case on the Unfair Terms in Consumer Contracts Regulations 1999.It was an action to test the fairness of clauses in loan agreements which secured a bank's commercial interest rates after a debtor that had defaulted and they had been to court to determine their repayment scheme.
The regulations lay out what are unfair terms in contracts, those that are unenforceable, good-faith tests and misleading commercial practices. A non-exhaustive list of unfair terms in consumer contracts provided by Schedule 3 would be terms which have the object or effect of: [2]
Unfair contract terms may refer to: The European Union's Unfair Terms in Consumer Contracts Directive 1993; Unfair terms in English contract law
No such limitation appears in the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083), which give effect in this country to EC Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The Directive was first transposed in 1994 Regulations (SI 1994/3159) which were later replaced by the 1999 Regulations.
The Unfair Terms in Consumer Contracts Regulations 1999 [35] reg 8 renders ineffective any 'unfair' contractual term if made between a seller or supplier and a consumer. [36] Regulation 5 of the statutory instrument further elaborates upon the concept of 'unfair', which is rather novel to English law.