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Unfair Contract Terms Act 1977: Overview and Changes, Study notes of Law

LegislationConsumer ProtectionContract LawBusiness Law

An overview of the unfair contract terms act 1977, its main provisions, and recent changes. The act regulates unfair terms in contracts for both consumers and businesses in england, wales, and northern ireland, as well as in scotland. It covers various aspects such as negligence liability, liability arising in contract, unreasonable indemnity clauses, and consumer goods guarantees. The document also includes interpretations, miscellaneous provisions, and schedules.

What you will learn

  • What types of contracts are covered by the Act, and which are excluded?
  • What are the main provisions of the Unfair Contract Terms Act 1977?
  • How does the Act regulate negligence liability and liability arising in contract?

Typology: Study notes

2021/2022

Uploaded on 09/27/2022

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Download Unfair Contract Terms Act 1977: Overview and Changes and more Study notes Law in PDF only on Docsity! Changes to legislation: There are currently no known outstanding effects for the Unfair Contract Terms Act 1977. (See end of Document for details) Unfair Contract Terms Act 1977 CHAPTER 50 UNFAIR CONTRACT TERMS ACT 1977 PART I AMENDMENT OF LAW FOR ENGLAND AND WALES AND NORTHERN IRELAND Introductory 1 Scope of Part I. Avoidence of liability for negligence, breach of contract, etc. 2 Negligence liability. 3 Liability arising in contract. 4 Unreasonable indemnity clauses. Liability arising from sale or supply of goods 5 “Guarantee” of consumer goods. 6 Sale and hire purchase. 7 Miscellaneous contracts under which goods pass. Other provisions about contracts 8 Misrepresentation. 9 Effect of breach. 10 Evasion by means of secondary contract. Explanatory provisions 11 The “reasonableness” test. 12 “Dealing as a consumer”. 13 Varieties of exemption clause. ii Unfair Contract Terms Act 1977 (c. 50) Document Generated: 2021-12-17 Changes to legislation: There are currently no known outstanding effects for the Unfair Contract Terms Act 1977. (See end of Document for details) 14 Interpretation of Part I. PART II AMENDMENT OF LAW FOR SCOTLAND 15 Scope of Part II. 16 Liability for breach of duty. 17 Control of unreasonable exemptions in consumer or standard form contracts. 18 Unreasonable indemnity clauses in consumer contracts. 19 “Guarantee” of consumer goods. 20 Obligations implied by law in sale and hire-purchase contracts. 21 Obligations implied by law in other contracts for the supply of goods. 22 Consequence of breach. 23 Evasion by means of secondary contract. 24 The “reasonableness” test. 25 Interpretation of Part II. PART III PROVISIONS APPLYING TO WHOLE OF UNITED KINGDOM Miscellaneous 26 International supply contracts. 27 Choice of law clauses. 28 Temporary provision for sea carriage passengers. 29 Saving for other relevant legislation. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General 31 Commencement; amendments; repeals. 32 Citation and extent. SCHEDULES SCHEDULE 1 — Scope of Sections 2 , 3 and 7 1 Sections 2 and 3 of this Act do not extend... 2 Section 2(1) extends to— (a) any contract of marine salvage... 3 Where goods are carried by ship or hovercraft in pursuance... 4 Section 2(1) and (2) do not extend to a contract... 5 Section 2(1) does not affect the validity of any discharge... SCHEDULE 2 — “Guidelines” for Application of Reasonableness Test The matters to which regard is to be had in... SCHEDULE 3 — Amendments of Enactments . . . . . . . . . .... In the Supply of Goods (Implied Terms ) Act 1973... SCHEDULE 4 — Repeals The repeals in sections 12 and 15 of the Supply...
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