Unfair Contract Terms Act | Matthew Arnold & Baldwin LLP | Giving you a lot more than just law...

Latest news and views tagged unfair contract terms act

RSS

Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

27 September 2011 | Mark Weston

Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...

Tags on this discussion: B2C business-to-consumer class action consumer consumer contract consumer contracts consumer law consumer laws consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws data subject data theft database database right infringement databases DPA fair fairness Internet Internet use Internet user law suit lawsuit legal action liability limited liability misuse of data On-line Online online content personal data reasonable sensitive personal data site terms standard terms standard terms and conditions standard trading terms term terms Terms & conditions terms of use Ts & Cs Ts and Cs UCTA unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR void web web content web database web site web site content web sites Website website content websites

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

31 March 2011 | Paul Gershlick

The parties contracted for IBM to provide its own software, third party software (Orchard’s) which Southwark LBC had asked IBM to provide, and associated services. The framework agreement part of the...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts condition conditions express express term fit for purpose fitness for purpose High Court implied implied terms IT IT agreement IT contract IT services IT system licence terms ownership reasonable reasonableness sale of goods sale of goods act satisfactory quality SGA Software software agreement software licence software supplier software suppliers software supply software supply agreement software supply contract SOGA title UCTA unfair contract terms act Unfair Contract Terms Act 1977 unreasonable Warranties warranty

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

21 March 2011 | Mark Weston Comments Off

AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions. The...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements B2B business-to-business collateral warranty commercial agreement commercial agreements Commercial contract commercial contracts contract contracts Court of Appeal entire agreement entire agreement clause exclusion exclusion of liability fair fairness fraudulent misrepresentation High Court implied implied term interpret interpretation interpretation of contract misrepresentation negligent misrepresentation promise reasonable reasonableness set-off terms UCTA undertaking unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unreasonable

Another case shows that many types of economic loss are direct and do not fall within exclusion of liability for indirect losses – McCain Foods v Eco-Tec, High Court

4 February 2011 | Mark Weston

This case involved the supply of a system by Eco-Tec to McCain. McCain wanted the system to remove hydrogen sulphide so that it could generate heat and electricity. The system was defective. McCain claimed...

Tags on this discussion: agreement agreements breach breach of contract cap on liability commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss damages direct loss exclusion exclusion of liability High Court indirect loss liability limitation on liability loss loss of business loss of contracts loss of goodwill loss of profits loss of revenue losses supply supply contract supply of goods supply of goods and services supply of service supply of services third party losses UCTA unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977

Industry standard? Must be reasonable then – Röhlig (UK) Ltd v Rock Unique Ltd, Court of Appeal

28 January 2011 | Simon Weinberg | 1 comment

The Court of Appeal has ruled that clauses in the standard trading terms of a particular trade industry body were reasonable under the Unfair Contract Terms Act 1977 (UCTA). The ruling upholds the decision...

Tags on this discussion: breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract law contracts court Court of Appeal exclusion exclusion of liability High Court illegal liability limitation limitation on liability limitation period limitation periods reasonable reasonableness set-off standard terms standard terms and conditions standard trading terms summary judgment Terms & conditions UCTA unauthorised unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unlawful unreasonable

EDS agrees to pay Sky £318 million in IT contract dispute

18 June 2010 | Paul Gershlick

EDS and Sky have finally agreed to settle a costly and long-running dispute over an IT contract. In January, the High Court agreed with Sky’s claim that EDS had mis-sold a customer relationship system....

Tags on this discussion: breach of contract contract contract law contracts Fraud fraudulent misrepresentation IT IT contract misrepresentation supply contract UCTA unfair contract terms act

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

5 March 2010 | Mark Weston

Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...

Tags on this discussion: cap on liability consequential loss contra proferentem contract contract law contracts direct loss exclusion of liability High Court indirect loss liability limitation on liability loss of business loss of goodwill loss of profits loss of revenue UCTA unfair contract terms act

Latest news and views tagged unfair contract terms act

Government proposes new single consolidated Consumer Bill of Rights

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

Another case shows that many types of economic loss are direct and do not fall within exclusion of liability for indirect losses – McCain Foods v Eco-Tec, High Court

Industry standard? Must be reasonable then – Röhlig (UK) Ltd v Rock Unique Ltd, Court of Appeal

EDS agrees to pay Sky £318 million in IT contract dispute

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

Contact us

View latest Upload

Subscribe to Upload

Employer Helpline

Events

News