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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Fairness in Consumer Contracts: The Case of Unfair Terms

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ISBN13: 9781840144925
Published: December 2007
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £100.00



Despatched in 4 to 6 days.

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.

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Subjects:
Contract Law, Consumer 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.

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