Unfair Terms in Consumer Contracts: A New Approach? Law Commission, 2012

Unfair Terms in Consumer Contracts: A New Approach? Law Commission, 2012

Introduction

Laws are very important to manage a nation. It is essential for a country to establish good laws so that country can make progress. As every country have its own rules and laws to manage its discipline and to rule out in a successful way. UK has established many laws in order to rule out successfully. Hence, in 2005, the Law Commission has established their new laws for the benefits of consumers. Later than, they found the conditions of law is problematic for consumers. The main aspect of this report is to reflect the contradictory and problematic aspects of two overlapping schemes for unfair terms in the UK. The law has long been criticized due to its complexity and obscurity. In this report, we will provide you the brief summary of two overlapping commitments that are made in the UK in 2005 and 2012. The following paper elucidates the unfair terms in consumer contracts in detail.

Discussion

In 2005, the Law Commission noted that the law has complexity in its terms for different consumers include consumers, and many others. The law is consisted of two separate parts of legislation, first is the Unfair Contract Terms Act 1977 (UCTA) and the other is the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). These both acts have their inconsistent and overlapping concepts that created problems among different consumers and businessmen.

The basic focus of Unfair Contract Terms Act 1977 (UCTA) is to make exclusions in different articles of the act. The exclusions apply on the huge range of the contracts those are made between different businessmen and consumers as well as between different businesses.

The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) implemented different terms according to UTD. These terms are applied only to contracts those are made between consumers and businesses.

Hence, it is not an easy task to make a judgment on the severity of these two laws. The current state of the law makes it difficult for people to notify which terms are liable and which are not.

The Law Commission of 2005

The law commission of 2005 has two major aspects of legislation those are dealing with unfair terms of the commitment. The statements and commitments of two laws are overlapping in different aspects include languages and concepts (Law Commission, 2012). The both commitments have represented same issues and concepts so it revealed overlapping concepts.

The Unfair Contract Terms Act 1977

UCTA is an act that is complicated and has written in an intense style. It is not so easy to understand it. This act is consisted of two parts, one part is for England and the other is for Scotland. The two parts are representing almost same thing, but in different languages. The main focus of UCTA is on exemption clauses (Law Commission, 2012). This act is applied on different sort of contracts including contract between businessmen, between consumers and businessmen, even ...