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8 Cards in this Set
- Front
- Back
- 3rd side (hint)
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D sent C wrong seeds causing him losses of £61,000. Term restricting liability to the cost of the seeds (£200) was unfair because D could have obtained insurance more easily than C. |
George Mitchell v Finney Lock Seeds (1983) |
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Surveyor was liable to claimant to whom he failed to reoort structural damage despite liability exclusion clause because it is more easy for a professional surveyor to bear the burden of liability than for the ordinary buyer of a family home to do so |
Smith v Eric S Bush (1990) |
Contract with mortgage provider |
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Unfair for a multinational company to restrict liabilitu yo £100,000 when it caused losses of over £1m and had insurance of £50m |
St Alban's City & District Council v International Computers (1996) |
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Contractually agreed interest rates are not prohibited and the absence of them would "unbalance the contract to the detriment of the lender" (Bingham |
Director-General of Fair Trading v First National Bank (2001) |
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UCTA 1977 S2, S3, S4, S5 |
S2: no exclusionof liability for death or personal injury caused by negligence S3: restriction of liability regarding the provision of substantially different performance or no provision at all (subject to RT) S4: consumer cannot be made to pay an unreasonable indemnity arising from breach of contract or negligence S5: liability for loss or damage from defective goods caused by negligence cannot be excluded |
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UCTA 1977, S11 |
S11: reasonableness test- take into account all circumstances e.g. resources- not decided with hindsight- burden of proof on the party trying to rely on the clause |
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UTCCR 1999, Regs 5, 7, 8 |
Reg 5: unfair if not individually negotiated, contrary to good faith or causes a significant imbalance to the detriment of the consumer Reg 7: "contra proferentem" any term whichis not "plain" or "intelligible" will be interpreted in the way most favourable to the consumer Reg 8: an unfair term will not be binding on the consumer |
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Draft Consumer Rights Bill 2015 (October 2015) |
- pre-contractual information about main traits will be incorporated - apply to digital goods as to normal products - all written terms must be "transparent" (rather than plain and intelligible" |
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