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b.CRA 2015
The Consumer Rights Act 2015 protects consumers against unfair terms in consumer…
CRA 2015 does not only seek to regulate exclusion clauses. All terms can be scrutinised…
A term is to be regarded as unfair “if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer”…
Section 62(5) further elaborates in the assessment of fairness, as follows:…
“Whether a term is fair is to be determined (a) taking into account the nature of the subject matter of the contract, and (b) by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.”…
Section 63(1) refers to Part 1 of Schedule 2 of the CRA 2015, which non-exhaustively…
•A term which has the object or effect of excluding or limiting the trader’s liability…
•A term which has the object or effect of inappropriately excluding or limiting the…
•A term which has the object or effect of requiring a consumer who fails to fulfil…
•A term which has the object or effect of enabling the trader to terminate a contract…
•A term which has the object or effect of irrevocably binding the consumer to terms…
•A term which has the object or effect of enabling the trader to alter the terms…
Note that not all terms of consumer contracts may be made the subject of a fairness…
iii.Burden of proof
CHAPTER 8: MISREPRESENTATION
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