Impact of Consumer Rights Act 2015 and Unfair Contracts Terms Act 1977 cases
Lec 12&13
CRA 2015
Consumer contract: s61- provisions of act will apply to contracts between ‘trader’
and ‘consumer’
Trader: person acting for purposes relating to that person’s trade, business, craft of
profession, whether acting personally or through another person acting in trader’s
name or on behalf of trader
Consumer: individual acting for purposes that are wholly or mainly outside that
individual’s trade, business, craft or profession
Non consumer contracts- not between trader and consumer. Regulated by UCTA
1977
UCTA 1977
Use of exclusion/ limitation clauses
Some clauses are automatically invalid and other are subject to a test of
‘reasonableness’
UCTA and negligence
Defined in s1(1). Can party exclude/ limit liability for n?
S2(1) liability for death of personal injury cannot be exclude or restricted by any
contract term or notice. Such clauses are automatically invalid.
S2(2) in case of other loss or damage liability for n can be excluded but only so far as
the term or notice satisfies the test of reasonableness
Lec 12&13
CRA 2015
Consumer contract: s61- provisions of act will apply to contracts between ‘trader’
and ‘consumer’
Trader: person acting for purposes relating to that person’s trade, business, craft of
profession, whether acting personally or through another person acting in trader’s
name or on behalf of trader
Consumer: individual acting for purposes that are wholly or mainly outside that
individual’s trade, business, craft or profession
Non consumer contracts- not between trader and consumer. Regulated by UCTA
1977
UCTA 1977
Use of exclusion/ limitation clauses
Some clauses are automatically invalid and other are subject to a test of
‘reasonableness’
UCTA and negligence
Defined in s1(1). Can party exclude/ limit liability for n?
S2(1) liability for death of personal injury cannot be exclude or restricted by any
contract term or notice. Such clauses are automatically invalid.
S2(2) in case of other loss or damage liability for n can be excluded but only so far as
the term or notice satisfies the test of reasonableness
