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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.
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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 ...
It has been said the Regulations "sit atop the Act like an ill-fitting wig". [1] The 1994 Regulations were declared an insufficient implementation of the Directive, and had to be replaced by the 1999 Regulations; but once again, the opportunity to consolidate the law into an updated Unfair Contracts Terms Act was missed.
Acts passed since 1963 are cited by calendar year, [1] as opposed to the convention used for earlier acts of citing the regnal year(s) in which the relevant parliamentary session was held. [2] Each act passed in a respective year is given a chapter number (abbreviated "c."), denoted by Arabic numerals in the case of public general acts ...
In those cases the issue of the ticket was regarded as an offer by the company. If the customer took it and retained it without objection, his act was regarded as an acceptance of the offer: see Watkins v Rymill (1833) 10 QBD 178, 188 and Thompson v London, Midland and Scottish Railway Co [1930] 1 KB 41, 47. These cases were based on the theory ...
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. Hamstead Plant Hire ...
However, Lord Denning MR dissented [2] from the majority's reasoning and argued the clause applied to limit liability for the seeds sold even if the seeds were defective. Ultimately, all agreed that the clause was invalid under the Supply of Goods (Implied Terms) Act 1973 (see now s 55 SGA 1979 and UCTA 1977) because it was unreasonable.