Contract - Unfair Contract Terms Act 1977

Front 1

Does the UCTA cover dealings between two individuals not acting in the course of a business?

Back 1

Generally, no. UCTA generally applies to 'business liability', defined as where one party is acting in the course of a business, or from the occupation of premises used for the business purposes of the occupier (S.1(3) UCTA).

Front 2

In what circumstances does the UCTA cover dealings between private non-business parties?

Back 2

1. Implied terms in sale of goods and hire-purchase agreements (S.6)

2. Implied terms in supply of goods and services contracts (S.7)

3. Misrepresentation (S.8).

Front 3

What are the main provisions of the UCTA relating to negligence?

Back 3

S.2(1) - death or personal injury arising from negligence cannot be excluded by any term or clause.

S.2(2) - loss or damage other than death or personal injury can only be excluded or limited where the term is reasonable.

Front 4

What provision covers exclusion clauses for breach of contract?

Back 4

S.3(2) - where one party deals as consumer, exclusion for breach of contract only valid where the term is reasonable.

Front 5

How is 'dealing as consumer' defined? Which Section?

Back 5

S.12(1) - One person must not make the contract in the course of a business, the other must.

Front 6

On whom does the burden of proof fall to disprove that the contract is a consumer contract?

Back 6

The party seeking to rely upon the exclusion clause. S.12(3).