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The Unfair Terms in Consumer Contracts Regulations 1999 [35] reg 8 renders ineffective any 'unfair' contractual term if made between a seller or supplier and a consumer. [36] Regulation 5 of the statutory instrument further elaborates upon the concept of 'unfair', which is rather novel to English law.
A contractual "[a]ny provision forming part of a contract" [1] Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Condition or Warranty. [2]
D. Kennedy, 'Distributive and Paternalist Motives in Contract and Tort Law, with special reference to compulsory terms and unequal bargaining power' (1982) 41(4) Maryland Law Review 563 F Kessler , 'Contracts of Adhesion – Some Thoughts About Freedom of Contract' (1943) 43(5) Columbia Law Review 629
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Competition and Markets Authority (CMA). The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover ...
A term is a condition (rather than an intermediate or innominate term, or a warranty), in any of the following five situations: (1) statute explicitly classifies the term in this way; (2) there is a binding judicial decision supporting this classification of a particular term as a "condition"; (3) a term is described in the contract as a ...
Terms of a Trust are most clear when they are explicit within the four corners of the Trust Instrument. However, since not all Trusts are explicit, some interpretation by courts may be necessary. [3] In contract law, "terms" means Terms of a Contract, the conditions and warranties agreed upon between parties to the contract. Contract terms may ...
If the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law. [9] An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as price or safety, may cause the entire contract to fail.