The Unfair Treatment 1977 and the UTCCR 1999: Should there just be one Unified Act to Protect Consumers in Commercial Contracts?

By

ACKNOWLEDGEMENT

Firstly I would like to thank Lord Krishna for giving me the strength, willpower and belief in myself for coming this far through my studies. Without his will, even a leaf cannot move. I would also like to extend my heartiest appreciation to my loving parents, who whilst being in Kenya made me feel like they were with me at every step whilst doing my dissertation. Dad and mum, your love and blessings have helped me complete this dissertation well. I also want to thank my sisters, Tejal, Pooja and Bhakti and my best friends Nirmala and Rupen who would always talk to me and understand my frustration and offer moral support even if it is during ungodly hours of the night. Thank you all!

I am grateful to Northumbria University for its great administration and support. My dissertation would not have been complete without the help of my excellent and most patient supervisor, Charlotte Ellis, who I am truly indebted to for all her help and support.

Finally, I am thoroughly grateful to all my friends for moral support, without which, completing this dissertation would have been a daunting task.

DECLARATION

I [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

Signed __________________ Date _________________

ABSTRACT

The main focus of this research is “The UCTA 1977 and the UTCCR 1999”, the research will introduce the two laws and the main purpose of the study will be to analyze various cases and assess whether if the two laws can be unified. The research will conclude on the basis of analyzing different cases and journals and will look for similarities and differences. The literature and the cases will help in concluding whether if the two laws can be unified. These laws should be unified in order to protect the consumer rights in a better way and also to make it simpler for the consumer to understand. As mentioned before, the fundamental purpose of this report is to asses whether the two laws can be unified into one law.

TABLE OF CONTENTS

ACKNOWLEDGEMENTII

DECLARATIONIII

ABSTRACTIV

INTRODUCTION1

1.1 A unified regime on unfair terms in consumer contracts10

1.2 Making the new legislation “clearer and more accessible to the reader”12

1.3 Research problem17

1.4 Research aim and objectives17

1.5 Incorporation of exemption clauses18

CHAPTER 2: A BRIEF HISTORY OF LEGISLATIVE CONTROLS OVER UNFAIR TERMS IN THE UK21

2.1 Replacing UCTA and UTCCR with a Unified Regime22

2.2 Extending UTCCR to protect companies23

CHAPTER 3: DIFFERENCES AND SIMILARITIES BETWEEN THE TWO LAWS26

3.1 Legislation on Unfair Terms26

3.2 UTCCR 199926

3.3 Consumer Contracts, Business to Business, and other instruments32

3.4 Risks and "determination of the parents'34

3.5 Adjustment of Prices34

3.6 Conclusions37

CHAPTER 4: REPLACING UCTA AND UTCCR BY A UNIFIED REGIME39

4.1 Introduction40

4.2 Consumer contracts46

4.3 Basic Law of the ...