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Using cases to illustrate your answer, explain how the Unfair Contract Terms Act 1977 deals with exclusion clauses and consider whether it has been a help or a hindrance to the consumer.
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Katrina McKenzie Using cases to illustrate your answer, explain how the Unfair Contract Terms Act 1977 deals with exclusion clauses and consider whether it has been a help or a hindrance to the consumer. The Unfair Contract Terms Act 1977 (UCT 1977) deals solely with exclusion clauses despite the name of the Act (i.e. the Act does not apply to unfair terms.) However, the Act also covers certain tortuous liability as well as contractual liability. There are three broad areas of control within the Act; the exclusion of liability for negligence, the general control of exclusion clauses that seek to exclude or restrict one party's liability for breach of contract, and thirdly, control over certain specific contract terms that exclude or restrict liability for breech of goods. Generally, if the Act applies to the clause in question, control may take one of two forms; the clause may be effective only to...
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