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The Judge found the lease was entered based on the landlord's misrepresentation, and clause 5.8 attempted to exclude liability for misrepresentation, but was unreasonable under the Misrepresentation Act 1967 section 3 and the Unfair Contract Terms Act 1977 section 11. Their liability was not limited to the extent of the trust's assets.
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Competition and Markets Authority (CMA). The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover ...
He held that the purpose of section 13 was to stop precisely this variety of exemption clause: the 'no set off' provision in clause 12.4 had the same effect as an exemption clause because it purported to preclude a remedy for breach of contract, and was thus caught by section 13(1)(b) and in turn fell under UCTA 1977 section 3.
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It provides a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat , that the insertion of money was an acceptance, therefore, specifically, any (additional ...
Sections 2 to 4 of the Unfair Contract Terms Act 1977 do not in any event apply to contracts relating to the creation or transfer of interests in land (Schedule 1, paragraph 1(b)). 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 ...
The Unfair Contract Terms Act 1977 (c. 50) is an act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to ...
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.