Unfair Contract Terms Act 1977 and the EC regulations issued in 1999
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There are a number of issues that must be addressed before we can advise Lucy and Robert on their legal position. It is essential to examine the contract they formed with the dance club in the context of the three potential causes of action and in particular focus on the exemption clause found on the notice within the club. We must assess firstly whether this clause was incorporated in to the contract; secondly if the clause was constructed correctly in order to protect the club from the claims and thirdly of what relevance the Unfair Contract Terms Act 1977 and the EC regulations issued in 1999 might have to Lucy and Robert's situation. The question of timing is a relevant factor in the discussion of incorporation. In order to establish whether or not the clause was incorporated into the contract we must conclude at what point the contract was formed....

