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3 unusual facts about Unfair terms in English contract law


Unfair terms in English contract law

" The little man had no option but to take it. The big concern could and did exempt itself from liability in its own interest without regard to the little man. It got away with it time after time. When the courts said to the big concern, "You must put it in clear words," the big concern had no hesitation in doing so. It knew well that the little man would never read the exemption clauses or understand them. It was a bleak winter for our law of contract."

The topic of unfair terms is vast, and could equally include specific contracts falling under the Consumer Credit Act 1974, the Employment Rights Act 1996 or the Landlord and Tenant Act 1985.

though its compatibility with EU law is not yet established by the European Court of Justice, and it appears questionable that it would be decided the same under the proposed Unfair Contract Terms Bill.



see also