Fairness in consumer contracts : the case of unfair terms

Bibliographic Information

Fairness in consumer contracts : the case of unfair terms

Chris Willett

(Markets and the law / series editor, Geraint Howells)

Ashgate, c2007

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Includes index

Description and Table of Contents

Description

This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Table of Contents

  • Contents: Preface
  • Introduction to fairness issues
  • Freedom, fairness and testing for unfairness
  • Introduction to the fairness regimes
  • Default rules, reasonable expectations and reasonableness under UCTA
  • The Unfair Terms in Consumer Contract Terms Regulations (UTCCR)
  • The general fairness reviews - UCTA, UTCCR and the new test
  • A broader view of the fairness regimes described
  • The transformation
  • Reviewing the rules on unfair terms in consumer contracts and surveying the bigger picture
  • Index.

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