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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.
File:Unfair Contract Terms Act 1977 (UKPGA 1977-50).pdf. Add languages. Page contents not supported in other languages. ... Printable version; Page information;
Dillon LJ held that the exclusion clause would have passed the reasonableness test under UCTA 1977 section 6(3), section 11 and Schedule 2. In fact the company was dealing as a consumer, and therefore section 6(2) applied to make the SGA 1979 mandatory; exclusion was not a possibility.
In the complex case of Director General of Fair Trading v First National Bank, [2] the bank's seemingly unfair interest term was found to be in good faith as the term guarded the bank from a possible situation of receiving no interest defeating their business objective. Schedule 2 sets out an indicative, non-exhaustive list of terms that would ...
Interpreting contracts in English law is an area of English contract law, which concerns how the courts decide what an agreement means.It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made their agreement.
Lord Donaldson MR, noting there was "more than one way of killing a cat", held that clause 12.4 was within the scope of UCTA 1977 and it was unreasonable.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 ...
An Act to make further increases in the personal reliefs referred to in section 22(1)(a), (b) and (c) and (3) of the Finance Act 1977 and to exempt from income tax for the year 1977–78 any general increase taking effect in that year in social security and other pensions and allowances.
We have been referred to the ticket cases of former times from Parker v South Eastern Railway Co (1877) 2 CPD 416 to McCutcheon v David MacBrayne Ltd [1964] 1 WLR 125. They were concerned with railways, steamships and cloakrooms where booking clerks issued tickets to customers who took them away without reading them.