C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence‚ largely by reference to a reasonableness requirement‚ but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer‚ liability for breach of the obligations arising from ss.13‚ 14 or 15 of the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with
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Introduction In the present essay the problem covered will be The Unfair Contract Terms Act 1977‚ known as UCTA and the Unfair Terms in Consumer Contract Regulations 1999‚ known as UTCCR. As things stand at present‚ consumers are faced with two pieces of legislation in a vital area of contracts. The main areas analysed will consist of a historical background of the Act and the Regulations‚ a comparison between them but also the inconsistencies and overlaps which exist regarding these two layers
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contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which inspects exclusion clauses and enforces the
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ID-12528 LEGISLATION AND ETHICS in T&T Icon Collegeof Technology and Management Pearson BTEC Level 5 HND in Travel and Tourism Unit 8 egislation and Ethics in Travel and Tourism Sector Session February 2014 Submitted to: E. Fomuso Submitted by: ID-12528 Legislation and Ethics in the Travel and Tourism Sector Task 1 (a) Civil law spells out the rights and duties that exist between persons and between persons
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Contracts II‚ UCTA and SGA ! Is everything in a contract a term?! ! Trader’s puffy - typical exaggerating advert statements.! Representations - a statement of the fault that persuades the other party to enter into the contract. ! The court takes into account four factors in deciding whether a stamens is part of the terms or just presentation. ! 1. The parole rule: written contracts - only the terms included in the written contract document are terms; any verbal statements will be representations
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Regulations 1999 (UTCCR) is deemed unsuitable. This is made clear under section 3(1) of the UTCCR : “3 Interpretation (1) In these Regulations- ... “consumer” means any natural person who‚ in contracts covered by these Regulations‚ is acting for purposes which are outside his trade‚ business or profession;…” Given that S Co buys computer for the private and business use of one of its directors‚ it acts for purposes‚ which are within its business‚ it is obvious that UTCCR cannot apply to this
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contracts between businesses and contracts between business and consumer‚ so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. The Unfair Contract Terms Act (UCTA) limits companies’ ability to avoid liability in their contracts. UCTA is only concerned with exclusion
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nd nd 2 INTERNATIONAL CONFERENCE ON BUSINESS AND ECONOMIC RESEARCH (2 ICBER 2011) PROCEEDING CORPORATE INTEGRITY AND ACCOUNTABILITY: A STORY OF EXEMPTION CLAUSES IN CONSUMER CONTRACTS – A MYTH OR REALITY? Farhah Abdullah* & Assoc. Prof. Dr. Sakina Shaik Ahmad Yusoff** In the global economy‚ the current practice of modern massive large scale and widespread standardised form of contracts has led to a new dimension of consumer oppression. The inclusion of unfair terms in the form of
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“If [a banker] undertakes to advise he must exercise reasonable care and skill in giving the advice. He is under no obligation to advise‚ but if he takes upon himself to do so‚ he will incur liability if he does so negligently.” ’ House of Lords in Banbury v. Bank of Montreal[1] I. Introduction The issue of legal liability of banks in the provision of negligent advice is one doctrine of law that has evolved through the years. In light of current controversies hounding the UK banking
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AB107 Business Law Written Assignment Advise whether the terms of the Licence Agreement apply and whether the Exclusion of Liability clause is valid and effective in protecting UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007‚ and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this
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