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What, if any, are the differences in scope between the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999?
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Josephine Love Group 11 Supervision five What, if any, are the differences in scope between the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999? To fully answer this question we need first to look at the nature of exclusion clauses and the history behind this legislation. It is commonplace for a party drawing up a contract to seek to minimise the amount of liability that may be incurred in the performance of that contract. Contractual clauses that have this effect are usually called "exclusion clauses" or "limitation clauses". Exclusion clauses often attempt to exclude or limit liability for losses arising out of breach of contract, or for extra-contractual liabilities. Extra-contractual liabilities will often include losses for misrepresentation, or negligence in performing the contract. On the one hand from a business point of view this limit on liability does make sound business sense. It could even be argued...
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