Subjects:

Consumer Law, Contract Law

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.

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.