Proposed UTCCR Amendment

[EXC]

EDIT Due to a misunderstanding on my part about the timing of publication
I have temporarily removed this.

[Guest]

Re: Proposed UTCCR Amendment

I would suggest that this issue is fairly well covered in section 5, where it states that;

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

In addition, in the event of ambiguity in a written contractual term, the contra proferentem rule requires the court to resolve any ambiguity against the party who drafted the term.

Is there any indication that there is an MP who is willing to submit this proposed amendment?

[Amethyst]

Re: Proposed UTCCR Amendment

this is the bones of it.



(a) By adding the following after regulation 6(2)(b) -
“6 (3) Where the fairness of a term in a consumer contract is in issue in any proceedings it shall be for the seller or supplier to show that the term in question is not unfair.”



(is 'contract is in issue in any proceedings' right?)

[EXC]

Re: Proposed UTCCR Amendment

Cet, I really don't have a clue myself as to how relevent the amendment is - you're far more versed on legal stuff. I do remember him telling me that he'd spoken to one or two MPs about it but I don't know any more than that at the moment

[EXC]

Re: Proposed UTCCR Amendment

Ame - could you come in chat for a sec?

[Amethyst]

Re: Proposed UTCCR Amendment

ok

[EXC]

Re: Proposed UTCCR Amendment

(is 'contract is in issue in any proceedings' right?)

Sorry for sounding thick but what do you mean Ame?

[Amethyst]

Re: Proposed UTCCR Amendment

is

''is in issue''

right ? I'm not up on legal terminology so it could be 'in issue' I guess, just thought it should be 'is an issue'

also suppliers and sellers ? in the UTCCR ?

[EXC]

Re: Proposed UTCCR Amendment

Maybe 'in' issue is a legal term but I don't know. 'Suppliers' is certainly a term that was used very often during the test case when referring to UTCCR. I think that 'suppliers' would refer to providers of services and 'sellers' to those who provide goods.

[strangewayofsavin]

Re: Proposed UTCCR Amendment

just a quick question, Does the court not already have tests like, Parol evidence, Implied terms, contracts rendered Illegallity,By restitution, by statute or common law, or by severence.
Duress, Discharge, Consideration, Exclusion, Misrepresentation, Mistake , privity, Or Undue Influence?