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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 ...
The Unfair Contract Terms Act 1977 regulates clauses that exclude or limit terms implied by the common law or statute. Its general pattern is that if clauses restrict liability, particularly negligence , of one party, the clause must pass the "reasonableness test" in section 11 and Schedule 2.
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 ...
First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11.
He also held that the Unfair Contract Terms Act 1977 (UCTA) s 2(1) would invalidate an 88-hour working week. He concluded saying that Bloomsbury Health Authority could only succeed if it showed the clause was an express assumption, or volenti, [clarification needed] but then it would still fall under UCTA 1977 through s 1(1). He finished by ...
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 Suisse Atlantique and Photo Production cases together represent the final authoritative statements of the common law on fundamental breach prior to the enactment of the Unfair Contract Terms Act 1977. The Act provides that some contract terms are VOID (such as limiting liability for causing death or injury through negligence), while others ...
The Court of Appeal questioned the wide applicability of it in the case of AEG (UK) Ltd v Logic Resource Ltd [2] (in part as the Unfair Contract Terms Act 1977 provided a statutory relief from unfair terms), but it was cited with approval in Lacey's Footwear v Bowler International. [3] [1]