scholarly journals Unfair Terms in Standard Form Consumer Contracts

2021 ◽  
Author(s):  
◽  
Stephen Iorns
Keyword(s):  
New Zealand ◽  
Standard Form ◽  
Fair Trading ◽  
State Legislation ◽  
Consumer Contracts ◽  
Unfair Terms

<p>This paper explores the amendments to the Fair trading Act 1986 introducing provisions preventing the use of unfair terms in standard form consumer contracts. The amendments are drafted in close line with Australian federal and state legislation addressing unfair terms. This paper outlines the provisions, identifies two key differences between the Australian and New Zealand legislation, and argues that as a result of those differences the protection will not be effective. The ultimate conclusion reached is that consumers in New Zealand are now protected from unfair terms within standard form contracts in form but not substance</p>

scholarly journals Unfair Terms in Standard Form Consumer Contracts

2021 ◽  
Author(s):  
◽  
Stephen Iorns
Keyword(s):  
New Zealand ◽  
Standard Form ◽  
Fair Trading ◽  
State Legislation ◽  
Consumer Contracts ◽  
Unfair Terms

<p>This paper explores the amendments to the Fair trading Act 1986 introducing provisions preventing the use of unfair terms in standard form consumer contracts. The amendments are drafted in close line with Australian federal and state legislation addressing unfair terms. This paper outlines the provisions, identifies two key differences between the Australian and New Zealand legislation, and argues that as a result of those differences the protection will not be effective. The ultimate conclusion reached is that consumers in New Zealand are now protected from unfair terms within standard form contracts in form but not substance</p>

Winning the battle against unfair contract terms

Legal Studies ◽  
2000 ◽  
Vol 20 (3) ◽  
pp. 331-352 ◽  
Author(s):  
Susan Bright
Keyword(s):  
Director General ◽  
Fair Trading ◽  
Economic Sectors ◽  
Judicial Decisions ◽  
First Case ◽  
Highly Effective ◽  
Consumer Contracts ◽  
Continued Use ◽  
Unfair Terms

The Director General of Fair Trading has recently won the first case seeking an injunction to restrain the continued use of unfair terms in consumer contracts. This represents only the tip of the iceberg in terms of the activity of the Unfair Contract Terms Unit established to enforce the Unfair Terms in Consumer Contracts Regulations. The sparsity of reported judicial decisions does not mean that the Regulations have been ineffective; far from it, numerous contracts across a variety of economic sectors have been amended following complaints made under the Regulations. It may still be early days in the battle against unfair contract terms but, as will be shown, the Regulations are proving to be a highly effective weapon in the consumer's armoury.

The Emperor's Old Clauses: Unincorporated Clauses, Misleading Terms and the Unfair terms in Consumer Contracts Regulations

1999 ◽  
Vol 58 (2) ◽  
pp. 413-436 ◽  
Author(s):  
Elizabeth Macdonald
Keyword(s):  
Common Law ◽  
Standard Form ◽  
Legal Rights ◽  
Director General ◽  
Effective Protection ◽  
Legal Effect ◽  
Consumer Contracts ◽  
The Common ◽  
Unfair Terms

CONSUMERS frequently do not know of their rights and are unwilling to litigate. The powers of the Director General of Fiar Trading under the Unfair Terms in Consumer Contracts Regulations 1994 will often provide more effective protection for the consumer than common law rules. The powers are pre-emptive and enable unfair terms to be removed from standard form contracts, so that consumers simply cease to encounter such terms. Some protection may be provided for consumers by common law rules which allow a finding that clauses are not incorporated or that they do not have the legal effect which they may appear to the consumer to have. However, without knowledge or a willingness to litigate, consumers may be misled by such clauses and terms as to the legal rights generated aand they will not then be able to enjoy their rights to the full. This article examines the extent to which the powers of the Director General can be used to protect consumers from such misleading clauses and terms. It considers the interaction of the Regulations and the common law, the scope of the Regulations, and the application of the Regulation's test of fairness.

IMPROVING THE LAW ON UNFAIRNESS

2000 ◽  
Vol 59 (2) ◽  
pp. 235-272
Author(s):  
Neil Beresford
Keyword(s):  
Case Law ◽  
Director General ◽  
Appellate Court ◽  
Fair Trading ◽  
Consumer Contracts ◽  
National Bank ◽  
The Law ◽  
Unfair Terms ◽  
Court Of Appeal

IN five years on the statute book, the Unfair Terms in Consumer Contracts Regulations 1994, S.I. 1994/3159, generated great interest and very little case law. Their first consideration by an appellate court came in Director General of Fair Trading v. First National Bank plc [2000] 1 All E.R. (Comm.) 371. And while these proceedings were on their way to the Court of Appeal, the Regulations were repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999, S.I. 1999/2083. Both developments are of considerable interest.

6. Exemption Clauses and Unfair Terms

2020 ◽  
pp. 183-230
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Common Law ◽  
Standard Form ◽  
Trade Association ◽  
Consumer Rights ◽  
Legislative Control ◽  
Consumer Contracts ◽  
The Common ◽  
Special Rules ◽  
Unfair Terms ◽  
Statutory Control

This chapter discusses the common law and statutory rules governing exemption clauses, and the control of unfair terms. Written contracts frequently contain clauses excluding or limiting liability. This is particularly so in the case of ‘standard form’ documents drawn up by one of the parties or a trade association to which one of the parties belong. At common law there are special rules on the incorporation of exemption clauses, special rules of construction applicable to them, and a few miscellaneous other common law rules designed to control them. The chapter first considers those common law rules before going on to the legislative control of exemption clauses and unfair terms. The focus of the discussion of statutory control is the Unfair Contract Terms Act 1977 for non-consumer contracts, and the Consumer Rights Act 2015 for consumer contracts.

EVOLUTION OR REVOLUTION? UNFAIR TERMS IN CONSUMER CONTRACTS

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Catharine MacMillan
Keyword(s):  
Director General ◽  
Fair Trading ◽  
Council Directive ◽  
House Of Lords ◽  
Unfair Term ◽  
Injunctive Relief ◽  
Contractual Term ◽  
Consumer Contracts ◽  
National Bank ◽  
Unfair Terms

DIRECTORGeneral of Fair Trading v. First National Bank plc [2001] 1 UKHL 52, [2001] 3 W.L.R. 1297 marks the beginning of an evolution in the common law of contract. The House of Lords considered for the first time whether a contractual term was an unfair term under the Unfair Terms in Consumer Contracts Regulations 1994, S.I. 1994/3159 (which implemented Council Directive (EEC) 93/13, now implemented by the Unfair Terms in Consumer Contracts Regulations 1999, S.I. 1999/2083). The case arose when the Director General sought injunctive relief, pursuant to regulation 8(2), to restrain the use of a contractual term.

scholarly journals Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers

2016 ◽  
Vol 9 (14) ◽  
pp. 247-264
Author(s):  
Paulina Korycińska-Rządca
Keyword(s):  
Consumer Protection ◽  
Effective Means ◽  
Substantial Part ◽  
New Model ◽  
Legal Rules ◽  
Council Directive ◽  
Consumer Contracts ◽  
Court Proceedings ◽  
Unfair Terms ◽  
Administrative Proceedings

The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the Amendment Act of 2015. Its purpose is to verify whether the new Polish model may be deemed as an appropriate and effective means of preventing the continued use of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The paper analyses the legal rules on the new model of abstract control of standard forms of agreements concluded with consumers (the administrative proceedings model) and compares the new model with its predecessor (the court proceedings model). The paper does not cover the remaining changes introduced into the Polish Competition Act of 2007 by the Amendment Act of 2015, which are not connected to abstract control of standard forms of agreements concluded with consumers.

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