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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What classifies an unfair contract between a business and a

Customer Question

What classifies an unfair contract between a business and a consumer?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Could you explain a little more please?

Customer :

Well basically, there's an exclusion clause with someone i use a service with

Customer :

Where they say in an event of a technological failure in their end, they are omitted of responsibility

Alex Watts :

Are you the consumer?

Customer :

Where, they also do no gaurantee the mechanism, fitness, etc of the product

Customer :

and in any circumstance they are not liable for compensation

Customer :

yes i am the consumer

Alex Watts :

The Unfair Terms in Consumer Contracts Regulations 1999 states:

Alex Watts :

5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Alex Watts :

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

Alex Watts :

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

Alex Watts :

To see a list of terms which may well be unfair see:

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

indeterminate duration without reasonable notice except where there are serious grounds for doing so;

Customer :

if the contract says we can cancel at ANYTIME

Alex Watts :

Yes indeed

Customer :

would that be unfair?

Customer :

What shall be considered as a reasonable notice?

Alex Watts :

Yes

Alex Watts :

28 days generally

Customer :

Ok, so if something is said that they have the right and the discretion to cancel at anytime

Alex Watts :

Makes no difference the above regulations apply

Customer :

still unfair?

Alex Watts :

Yes

Alex Watts :

Does that help?

Customer :

if the seller

Customer :

limits their legal liability

Customer :

in something which they must exercise reasonable skill and duty of care in

Customer :

is that unfair?

Alex Watts :

Yes - but they can limit it to the cost of what you paid. Further they can not exclude negligence for personal injury

Alex Watts :

Does that help?