2023년 2월 9일 목요일

Does Unfair Contract Terms Act 1977 (UCTA) replace the common law rules instead of supplementing them?

The Unfair Contract Terms Act 1977 (UCTA) supplements, rather than replaces, the common law rules. UCTA was enacted to provide greater protection for consumers and other weaker parties in contracts by restricting the use of exclusion clauses and other unfair terms. UCTA operates alongside the common law rules and does not replace or supersede them. The Act sets out specific provisions that must be complied with in relation to exclusion clauses and unfair terms, but it does not replace the common law principles that apply to the formation and performance of contracts.

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