CONSUMER PROTECTION

Unfair Terms In Consumer Contracts Regulations 1999 And Consumer Rights



Unfair Terms In Consumer Contracts Regulations 1999 And Consumer Rights

Introduction

The unfair terms stated in the consumer contracts regulations 1999 tend to protect the consumers against any kind of unfair standard terms that are used in the contracts at the time when they make dealing in the business. However, these terms become useless when the contract terms in the business are negotiated on an individual basis. There are several bodies and authorities present in the country that have a control on the use of such unfair terms. They can also recommend the use of such terms. One of those bodies is the OFT (OFT, 2010).

The actions of the authorities are limited to the suggestion or recommendation of the use of such unfair terms. However, these authorities and bodies do not have authority and control to intervene among the disputes of private clients by any means. In such cases, the customers have a choice to rely on the legislations and laws confined for the disputes with the businesses on the basis of the contract terms and conditions. The unfair terms in consumer contract regulations tend to save customers from those terms that reduce the prevalent or statutory rights of the laws. The unfair terms in consumer contract regulations also prevent the consumers from the terms that seem to apply the burdens of unfair terms on the customer which is different from the ordinary rules and regulations set up by the law (Woodroffe & Lowe, 2010). This paper discusses the role of unfair terms in consumer regulations 1999 and their effectiveness in protecting rights of the consumers.

Statement of Unfair Contract Terms

The unfair terms in the consumer contract regulations of 1999 states that the consumer is not bound by the contract that is standard termed with a supplier or the seller in the condition when the term is unfair. The scope of the statements present in the unfair terms of the consumer regulations is a broad one that focuses on the legal and lawful explanations of the rules and regulations in the consumer industry. It does not provide a lengthy and detailed list of the possible unfair terms that could be termed as unfair by the contract or considered to be unclear within the context of a contract. Rather, the consumer regulations statements of unfair contact and terms defines and set the parameters of the contract and the unfair terms which are commonly used in the consumer industry and the businesses (The Stationary Office, 1999). The regulation identifies the types of the unfair terms that could be related to the unfair terms in daily consumer laws and contracts. Some of the types of the defined unfair terms are described below that provides firms and businesses with certain rights and obligations.

The firm has a right to unilaterally differentiate or negotiate the contract

They have an opportunity to terminate or execute the contract

They are enabled to discrete the authority to carry out and practice contractual ...