Unfair Contract Terms Act 1977

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  • Created by: Ldlake
  • Created on: 21-03-16 13:59
S.1 (3) Liability for breach of Obligations or duties arising...
A) "From things said or done by a person in the course of business" B) "From the occupation of premises used for business purposes"
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S.1 Negligence Liability
S.1 (1): "Breach of Contractual Obligations which impose duty of reasonable care and skill" S.1 (2): "Breach of a Tort"
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S.2 The Scope of Negligence
S..2 (1): "Death or personal injury...cannot be excluded by reference to any Contract term or notice" S.2 (2): "Loss or damage other than death or PI may be excluded or limited" (R-Test Subjection)
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S.3 Breach of contract
S.3: "Exclusion of liability where no negligence is subject to the reasonable test"
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The Test of Reasonableness
S.11 (1): "The Term shall have been a fair and reasonable one" S.11 (3): "Reasonableness under this Act should be fair and reasonable to allow reliance" S.11 (5): "Those claiming on term must show it is reasonable"
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Schedule 2 guidelines for Reasonableness
Strength of bargaining parties/ Whether customer received inducement to agree to term/ Whether customer knew of existence of term (trade Custom and Previous Dealings)
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Other cards in this set

Card 2

Front

S.1 (1): "Breach of Contractual Obligations which impose duty of reasonable care and skill" S.1 (2): "Breach of a Tort"

Back

S.1 Negligence Liability

Card 3

Front

S..2 (1): "Death or personal injury...cannot be excluded by reference to any Contract term or notice" S.2 (2): "Loss or damage other than death or PI may be excluded or limited" (R-Test Subjection)

Back

Preview of the back of card 3

Card 4

Front

S.3: "Exclusion of liability where no negligence is subject to the reasonable test"

Back

Preview of the back of card 4

Card 5

Front

S.11 (1): "The Term shall have been a fair and reasonable one" S.11 (3): "Reasonableness under this Act should be fair and reasonable to allow reliance" S.11 (5): "Those claiming on term must show it is reasonable"

Back

Preview of the back of card 5
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