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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.
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 ...
In the late 20th century, Parliament passed its first comprehensive incursion into the doctrine of contractual freedom in the Unfair Contract Terms Act 1977.The topic of unfair terms is vast, and could equally include specific contracts falling under the Consumer Credit Act 1974, the Employment Rights Act 1996 or the Landlord and Tenant Act 1985.
The Unfair Terms in Consumer Contracts Regulations 1999 [27] reg 8 will render ineffective any 'unfair' contractual term if made between a seller or supplier and a consumer. [28] Regulation 5 of the Statutory Instrument further elaborates upon the concept of 'unfair', which is rather novel to English law.
The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer ...
apply the Unfair Contract Terms Act 1977; apply the Unfair Terms in Consumer Contracts Regulations 1999; But before 1977, legislation to directly regulate unfair terms did not exist, [25] and jurisprudence on implied terms was underdeveloped. Even now, with one notable exception, [26] the courts have not accepted that they have any inherent ...
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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.