Unfair Contract Terms in UK Law

Leading Cases
  • Director General of Fair Trading v First National Bank Plc
    • House of Lords
    • 25 Oct 2001

    Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.

    It is obviously useful to assess the impact of an impugned term on the parties' rights and obligations by comparing the effect of the contract with the term and the effect it would have without it.

  • George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
    • House of Lords
    • 30 Jun 1983

    It must follow, in my view, that, when asked to review such a decision on appeal, the appellate court should treat the original decision with the utmost respect and refrain from interference with it unless satisfied that it proceeded upon some erroneous principle or was plainly and obviously wrong.

  • Hadley Design Associates Ltd v The Lord Mayor and Citizens of the City of Westminster
    • Queen's Bench Division (Technology and Construction Court)
    • 09 Jul 2003

    Something more is needed, and on principle that something more, in my judgment, is that the relevant terms should exist in written form prior to the possibility of the making of the relevant agreement arising, thus being "written ", and they should be intended to be adopted more or less automatically in all transactions of a particular type without any significant opportunity for negotiation, thus being "standard".

  • XL Insurance Company SE (formerly XL Insurance Company Ltd) v Axa Corporate Solutions Assurance
    • Queen's Bench Division (Commercial Court)
    • 27 Nov 2015

    It is therefore not enough for Article 7 (1) purposes to show that there is a contract with freely assumed obligations which is somewhere in the background, or even one which is a stepping stone to the ultimate liability of the defendant. It must be the basis for the obligation actually relied upon by the claimant as against the defendant.

  • Granville Oil & Chemicals Ltd v Davis Turner & Company Ltd
    • Court of Appeal (Civil Division)
    • 15 Abr 2003

    The 1977 Act obviously plays a very important role in protecting vulnerable consumers from the effects of draconian contract terms. But I am less enthusiastic about its intrusion into contracts between commercial parties of equal bargaining strength, who should generally be considered capable of being able to make contracts of their choosing and expect to be bound by their terms.

  • Photo Production Ltd v Securicor Transport Ltd
    • House of Lords
    • 14 Feb 1980

    After this Act, in commercial matters generally, when the parties are not of unequal bargaining power, and when risks are normally borne by insurance, not only is the case for judicial intervention undemonstrated, but there is everything to be said, and this seems to have been Parliament's intention, for leaving the parties free to apportion the risks as they think fit and for respecting their decisions.

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Legislation
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... 1 . Consumer contracts for goods, digital content and services PART 1 . ... to which this Part applies, see Part 2 (unfair terms). S-2 . Key definitions 2 Key ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ...... I . Contracts to Which Act Applies Part I . Contracts to Which ... there is an agreement to sell goods on the terms. that the price is to be fixed by the valuation ...to the Unfair Contract Terms Act 1977. ) be negatived or. ......
  • Supply of Goods and Services Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ...... An Act to amend the law with respect to the terms to be implied in certain contracts for the ... ‘the 1977 Act’ means the  Unfair" Contract Terms Act 1977 ; and . ‘the 1979 Act\xE2\x80"......
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Books & Journal Articles
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Law Firm Commentaries
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