Unfair Term in a Contract
After the Treaty of Maastricht, the European Community made a
directive on Unfair Terms in Consumer Contracts 1993. This instructed
member states to pass domestic legislation to provide consumer
protection. As a result, the UK Government made the Unfair Terms in
Consumer Contracts Regulations 1994 which have now been replaced by
the Unfair Terms in Consumer Contracts Regulations 1999. The main aim
of the new regulations is for UK Law to be drafted more closely to the
wording of the European Legislation, to help prevent discrepancies
between the two. The principle change from the 1994 regulations and
the 1999 regulations are simply that more institutions are now able to
enforce the legislation, beyond the Director-General of Fair Trading.
An unfair term is defined in Regulation 5(1) of the Unfair Terms in
Consumer Contracts Regulations 1999 as;
‘ 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’ 1
In addition to this Reg 6 of the same Regulations states that,
‘ …..the fairness of a contractual term shall be assessed, taking into
account the nature of the goods or services for which the contract was
concluded and by referring, at the time of conclusion of the contract
and to all the other terms of the contract or of another contract on
which it is dependent.2
Schedule 2 of the 1999 regulations contains a list of 17 non
exhaustive and indicative terms wh...
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... LJ, Interfoto Picture Library Ltd V Stiletto Visual
Programmes Ltd 1989, [1988] 1 All ER 348.
6 Unfair Terms in Consumer Contracts Regulations 1999 Reg 6(2)
7 E Mc Kendrick, Contract Law 4th Ed 2000 pg 367
8 Director- General of Fair Trading v First National Bank PLC (2002) 1
ALL ER 97
9 [1980] 2 All ER 548 at 551, [1980] 1 WLR 932 at 937.
10 Unfair Terms in Consumer Contracts Regulations 1999 Reg 8(1)
11 Unfair Terms in Consumer Contracts Regulations 1999 Reg 8(2)
12 P Richards, Law of Contract, 5th Ed 2001
13 Unfair Contract Terms; A case report bulletin issued by the Office
of Fair Trading Issue No 8 December f1999
14 Director- General of Fair Trading v First National Bank (2000)
15 C Elliott and F Quinn, Contract Law 3rd Ed 2001 pg 124
16 E Mc Kendrick, Contract Law 5th Ed 2003 pg 282
The aim of this report is to explain the preliminary reference procedure, under Article 267 TFEU, and how it relates to UK legislation, to discuss its guidelines, present potential criticism on the matter and provide some recommendations on dealing with preliminary references.
In this case study a man (Sam Stevens) is living in an apartment where he invented a product. He has verbally promised to deliver this product to a store. He then receives an eviction notice from his landlord, for the product disrupting other tenants and for conducting a business out of the apartment. Then receives a notice from the store; asking for the product that he had promised to be delivered immediately.
CQC (2009) Guidance about compliance. Summary of regulations, outcomes and judgement. Available at: http://www.cqc.org.uk/sites/default/files/media/documents/guidance_about_compliance_summary.pdf Accessed on: 21/03/2014
Till this present day legislation is spoken and examples are been taught. In this part the main laws are been showed to you so you can look out when working in the health and social care profession.
Mainly this act creates the post of Children's Commissioner for England, and it places a duty on local authorities to appoint a director of children’s and
an Act of Parliament, a court ruling or an EU law in comparison to the
“An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.”
Also, regulation is part of legislation, they are legal documents gives details on how the legislation is implemented, and code of practice is documented advice on how to achieve acceptable level of safety to PCBU.
overrule UK laws but here we see that it does. So we can say that
You should review the relevant provisions of the Act and the Rules, so that you may refer to the
Regulations have general application that means that all the member states have to adopt the regulation; the member state is expected to adopt the whole regulation. Regulations are directly applicable which means that the "individuals have rights that they can enforce in their own name through national courts"(2).
I believe $110,000 is a fair compensation, it’s a 10% higher than the median salary for an MBA that graduated from Harvard in the Health related services industry. He will be working directly with the CEO, so right from the start he will have more responsibilities and impact than other managers that start at the company, I believe this deserves that extra 10%. I also believe, that when you are determining your own compensation, it’s better to put more focus on the compensations attached to results, that shows your commitment to the company and that you are not interested in the easy money.
The act also aimed to restructure frameworks of the courts where family proceedings are involved and to redifine parental responsibility. The act is an important
...protect those who printed claims, even though they may be untrue, by disagreeing that they had the right to do so. Further, the defenses of ‘justification’ and ‘fair comment’ have been replaced with ‘truth’ and ‘honest opinion’. Another major change in the law of defamation deals with tortfeasors who do not reside in the UK, an EU member state or a state which is part of the Lugano Convention. The change means that the UK court does not have to perceive any case if it can be proved the UK would be the most suitable place to deal with the action against the tortfeasor. A particular publication law has also been recognized, which accommodates the occurrence of online news stories. In this law, a one year restriction starts when a story is issued. Every time the story is repeated or watched, a single action cannot be brought about by the claimant against the publisher.
When applying to law schools, it was imperative that I find an institution that offered legal clinics and student groups in the areas I am most passionate about. Thankfully, I discovered what Georgetown University Law Center has to offer. Georgetown Law is home to the Domestic Violence Clinic, Georgetown Street Law Program, and the Harrison Institute for Housing and Community Development. The work of these three programs alone, made it instinctive for me to write this letter to express my commitment to attend Georgetown Law if admitted.