Challenging unfair terms: some recent developments

David Cabrelli, Rebecca Zahn

Research output: Contribution to journalArticlepeer-review


Reviews Scottish and English jurisprudence in cases challenging allegedly unfair contract terms under the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999, including: (1) the fairness and reasonableness of exclusion or limitation of liability clauses in construction contracts; (2) the criteria for determining if a clause of a consumer contract is unfair; (3) the fairness of the scope of the standard terms and conditions in a letting agent's contract and a bank's contract for current account services. Reports on the proposals of the draft Directive on consumer rights.
Original languageEnglish
Pages (from-to)115-137
Number of pages23
JournalJuridical Review
Issue number2
Publication statusPublished - 2010


  • construction contracts
  • unfair contract terms
  • Scotland
  • EU law
  • consumer protection
  • consumer contracts


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