Unfair Terms In Consumer Contracts Regulations 1999 - The Consumer Rights Act 2014 (Applebey 9)

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UNFAIR TERMS INCONSUMER CONTRACTS REGULATIONS 1999

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Repealed and replaced by sections in the ConsumerRights Act 2014. The Act is due to become law in October 2015

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THE CONSUMER RIGHTS ACT 2014

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This is intended toconsolidate and review consumer law in many different ways. As far as contractlaw is concerned, consumer contracts for sale of goods and services are bothsubstantially revised. This is an area of law which is useful to know, aspurchasers of goods and services, and an important area of law for businessesas well as consumers. Commercial law firms now often have ‘Retailing Law’departments, who act as specialist advisers in modern commercial practice. Under the Act ‘consumer’is defined as being; ‘an individual acting for purposes that arewholly or mainly outside that individuals trade, business, craft or profession’‘Trader’ means ‘a person acting(personally or through an agent) for purposes relating to that person’s trade,business, craft or profession’ The Act covers:Sale of goods where oneparty is a consumerStatutory rights ofconsumers under goods contractsConsumer contracts withdigital contentConsumer contracts forservicesUnfair Terms in consumerContractsThere are also new powersrelating to enforcement of consumers rights through regulatory law. In the course ofimplementing this legislation there are numerous consequential amendments toboth the Sale of Goods Act 1979, and to the UCTA 1977. There is alsosubstantial repeal of the Supply of Goods and Services Act 1982

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STATUTORY RIGHTS OFCONSUMERS IN SALE OF GOODS (sections 3 - 18, areas of particular interest)

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Goods be of satisfactoryqualityGoods to be reasonably fitfor particular purposesGoods to be as describedOther pre-contractualinformation included in the contractGoods to match sampleGoods to match model seenor examinedInstallation as part ofconformity with the contract CONTRACTS FOR SERVICES (sections48-57) UNFAIR TERMS IN CONSUMERCONTRACTS (Sections 62-69)Clause 68 bars exclusionor restriction of liability for death or personal injuries in a consumercontract resulting from negligence