CONTRACT

Unfair Term in Contract and Unfair Terms in Consumer Contracts Regulations 1999



Unfair Term in Contract and Unfair Terms in Consumer Contracts Regulations 1999

The paper provides significant and comprehensive findings of case study that has two acts Unfair Term In Contract and Unfair Terms In Consumer. The contract law of UK is principally based on party autonomy it means that the parties that enter to the contract are free to modify, alter, and change the liability of the contract if they want to. According to an assumption, it could be found that the parties have equal opportunity for the alteration of contract. English Law of Contact principally recognises and enforces clause that can exclude, exempt, any party from the liability. It is the general acceptance of common people that contracts are not negotiated. There are exclusion clauses in the contracts, there is a reason that there are now statutory controls on exclusion clauses, in the form of the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms of the Consumer Contract Regulations 1999 (UTCCR) .

The statutory framework for overseeing the enforceability of exclusion clauses and unfair terms within contracts is primarily governed by the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). Both operate independently of one another but their spheres of influence? Overlap considerably. The potential for conflict and confusion is exacerbated by their different styles and approaches. Whilst UCTA acknowledges and builds upon the important heritage of the common law, using tests which would clearly he part of the vocabulary of any English contract lawyer (e.g. the reasonableness' test contained in s. 11), the UCCTR adopt a much more European approach, placing alien concepts such as good faith' at the heart of its regulatory design. For the consumer who is caught in the middle, recourse to specialist legal advice becomes a necessity .

The UCTA provides many specific provisions to protect the weak and particularly consumers: the judge determines the reasonableness of the clause in question to decide whether to give effect to the principles of freedom of contract or to reject it because too unfair to one party. But the system is unclear, complex, and needs to be reformed. In France it is the article L 132-1 et seq. governing the practice of unfair exclusively under a contract between consumer and professional. Even if the test used is not the objective of protecting the weaker party is similar.

Sometimes the judges decide to remove a clause incorporated in the contract yet because they view as unfair - so unfair to a party that the contract balance must be restored. The objective is to protect the weaker party, particularly in the context of a contract between a consumer and a seller. The terms most often affected are the "Exemption Clauses" - clauses exonerating responsibility - is designed to exclude or limit the liability of either party for breach of contract. In English law the application of Exemption Clauses is controlled by ...