Term
| What are the key differences between UTCCR and UCTA? |
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Definition
a) definition of consumer (UTCCR = narrower definition than UCTA)
b) UTCCR covers all unfair terms - UCTA = only ECs |
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Term
| How does UTCCR define consumer? |
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Definition
| Only natural or legal persons acting for purposes outside his trade, business or profession. |
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Term
| What part of UTCCR gives the definition of consumer? |
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Definition
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Term
| Which part of UTCCR tells us that it is applicable to all unfair contract terms? |
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Definition
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Term
| Which part of UTCCR defines 'unfair' (nned to know, as Reg 4 tells us that the regulations deal with unfair contracts) |
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Definition
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Term
| Reg 5 definition of unfair... |
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Definition
MUST BE B2C
a) not individually negotiated (if you've had the opportunity to sit down and thrash out the contract, = not gonna be found to be unfair)
b) contrary to good faith
c) causes significant imbalance in parties rights
d) to the consumer's detriment |
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Term
| UTCCR provides an non-exhaustive list of terms that have been found to be unfair. What regulation refers you to the list, and where can the list be found? |
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Definition
| Reg 5(5) refers you to the list of terms which ave been found to be unfair. The list is to be found in schedule 2. |
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Term
| What part of UTCCR tells you what the courts will take into account when assessing unfairness? |
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Definition
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Term
| Reg 6 - what will the courts take into account when judging unfairness? |
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Definition
JUST LIKE THE REASONABLENESS TEST (+ courts will look at reasonable test when judging fairness for UTCCR cases)
a) subject matter
b) all circumstances surrounding the conclusion of contract at the time it was made
c) all other terms of the contract |
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Term
| What does Reg 7 UTCCR say? |
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Definition
| All terms of a B2C contract MUST be written in plain and legible language... if not, the contract may be found to be unfair. |
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Term
| What does Reg 8 UTCCR say? |
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Definition
It sets out the effect of an unfair term....
a) an unfair term shall not be binding, and...
b) the rest of the contract will continue to bind the parties if possible |
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Term
| According to UTCCR, what will be the effect if a term is found to be unfair? |
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Definition
Reg 8
a) an unfair term shall not be binding, and...
b) the rest of the contract will continue to bind the parties if possible |
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