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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 ...
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 ...
The two main issues in the case were whether the limitation clause should be interpreted to cover the seeds actually sold, given that the seeds were wholly defective and so did not do a seed's job at all and whether, under the Unfair Contract Terms Act 1977, s 2(2) the limitation was reasonable (s 11).
The second issue was that clause 23 excluded liability for misrepresentation under s 2(1). This depended on whether the clause passed the reasonableness test under s 3, in conjunction with the Unfair Contract Terms Act 1977 s 11 and Sch 2. Judge Raymond Jack QC held that there was insufficient evidence to show whether it passed or failed the ...
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.
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 ...
Defective goods, unreasonable terms, satisfactory quality, unfair contract terms Britvic Soft Drinks Ltd v Messer UK Ltd [2002] EWCA Civ 548 is a notable English contract law case, concerning the application of the Unfair Contract Terms Act 1977 in the context of consumer protection and a supply chain.
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).