Unfair Contract Terms Act 1977
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Section 11 provides some guidance but most development has been in common law
Schedule 2 gives guidelines specifically to ss 6(3), 7(3), 7(4).
Common Law
- Stewart Gill Ltd. v Horatio Myer & Co. Ltd.[1] provides that reasonableness is assessed at the time of contract; and that the burden of proof is upon the party purporting to have excluded liability.
- Levison v Patent Steam Carpet Cleaning Co. Ltd.[2] provides that clarity and preciseness will raise the reasonableness of a term; and vice versa. See also Stag Line Ltd. v Tyne Ship Repair Group Ltd.[3] as to small print (literally; size-wise).
- Smith v Eric S Bush[4]. Lord Griffith provides 4 points that may be considered... (see application in St Albans City and District Council v International Computers Ltd.[5]).
- Equality of Bargaining Powers.
- How practical was it to obtain independent legal advise regarding the term?
- How difficult is the task being for which liability is being excluded?
- What are the practical consequences of ruling that a term is unreasonable?
[edit] See also
- Standard form contract
- Unfair Terms in Consumer Contracts Regulations 1999
- Electronic Commerce Regulations 2002
[edit] References
- ^ [1992] 2 All ER 257
- ^ [1977] 3 WLR 90
- ^ [1984] 2 Lloyd's Rep 211
- ^ [1990] 1 AC 831
- ^ (1996) The Times 14th August
