Challenging unfair terms: some recent developments

David Cabrelli, Rebecca Zahn

Research output: Contribution to journalArticle

Abstract

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

Keywords

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

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