Lycia Goh
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#1
Report Thread starter 7 years ago
#1
Hey guys!
I need help because I am a bit confused with UCTA 1977.
I was wondering what stuff would the essay question ask regarding UCTA.
Will it be regarding it practicality?

Thanks guys!
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agaata5
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#2
Report 7 years ago
#2
1. “The basic purpose of Unfair Contract Terms Act 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 (though in some cases by a specific prohibition). However, the guidance for what constitutes reasonableness in Schedule 2 is too flexible and open-ended, and therefore affords the courts too much discretion – there is no discernible consistency in their approach” Critically discuss.

2. ''The statutory framework for policing the enforceability of exclusion clauses and unfair terms in contracts requires a thorough overhaul if it is to provide clear, effective, and comprehensive protection for the vulnerable in society.''

3. ''Both the radical concepts employed in the Unfair Terms in Consumer Contracts Regulations 1999 (UTCR 1999) and the scope of the Regulations suggests that the law's approach to the use of exclusion clauses in consumer contracts is undergoing a radical transformation.''

4. ''What potential problems are caused by the fact that some contracts are governed by both the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999? Evaluate the extent to which the recent Law Commission proposals for amalgamating the legislation (Law Com No. 292, Unfair Terms in Contracts, Cm 6464) would resolve these.''
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