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An exemption clause in the contract for the car provided that the implied conditions about fitness for purpose were excluded. R&B argued that this was contrary to UCTA 1977 section 6, and United Dominions contended that R&B could not avail themselves of the Act because as a business they could not count as a consumer.
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 ...
Condition 8 of their contract stated the driver would be deemed to be the employee of Phillips Products. The driver crashed into Phillips’ factory wall. Phillips argued that Hamstead Plant Hire should pay for the damage caused by Mr Hyland, because condition 8 was caught by UCTA 1977 section 2(2) and was unreasonable.
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 contract is a concept of some legal jurisdictions. It may refer to: ... Unfair Terms in Consumer Contracts Regulations 1999; Unfair Contract Terms Act 1977;
Unfair contract terms may refer to: The European Union's Unfair Terms in Consumer Contracts Directive 1993; Unfair terms in English contract law
Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a).
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 ...