| 释义 |
unfair contract terms
1. In commercial contracts, terms relating to the exclusion or restriction of a person’s liability that, under the Unfair Contract Terms Act 1977, are either ineffective or effective only so far as is reasonable. 2. In consumer contracts, terms that, under the Consumer Rights Act 2015, are “contrary to the requirement of good faith” and cause “a significant imbalance in the rights and obligations arising under the contract to the detriment of the consumer”. In its interpretation the court must have regard for the European origin of the regulation (European Directive on Unfair Terms in Consumer Contracts (93/13/EC)). Terms that specify the main subject matter of the contract and price clauses are excluded from the Act. The unfair term is not legally binding on consumers. Under the Act designated competent authorities, such as the Competition and Markets Authority, can challenge unfair terms on behalf of consumers. See also exclusion and restriction of negligence liability; exemption clause; international supply contract. |