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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.
s6(1), implied terms as to title (Sale of Goods Act 1979 s12) cannot be excluded. s6(2), implied terms as to description, quality or sample (Sale of Goods Act 1979 ss13-15) cannot be excluded against a consumer. Terms governed by the Consumer Protection Act 1987. They are also governed (since 2007) by the Occupiers Liability Act 1984.
Cases on unfair terms in English law, through common law, Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contract Regulations 1999. Pages in category "English unfair terms case law" The following 12 pages are in this category, out of 12 total.
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.
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
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.
For completeness, I note also that no issue arises in the present proceedings as to the possible application of other more general protections relating to unfair contractual terms. 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 ...