Challenging unfair terms : some recent developments

Cabrelli, David and Zahn, Rebecca (2010) Challenging unfair terms : some recent developments. Juridical Review (2). pp. 115-137. ISSN 0022-6785

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Abstract

Reviews Scottish and English jurisprudence in cases challenging allegedly unfair contract terms under the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999, including: (1) the fairness and reasonableness of exclusion or limitation of liability clauses in construction contracts; (2) the criteria for determining if a clause of a consumer contract is unfair; (3) the fairness of the scope of the standard terms and conditions in a letting agent's contract and a bank's contract for current account services. Reports on the proposals of the draft Directive on consumer rights.