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Contract Law - Terms 5.2 (3/4) UCTA and CRA - Coggle Diagram

- - - - Rationale:
        
        (1) Main characteristics and price of product are the two issues consumers consider most closely before making a contract. So if transparent, no problem of unfair surprise.
        
        (2)These can be seen as the direct result of the parties’ informed consent. Any intervention would undermine freedom of contract.
        
        (3) Market competition over ‘core terms’ limits the problem of harsh terms.
      - Application under UTCCR 1999
        
        Director General of Fair Trading v First National Bank plc [2002] :warning:
        
        Office of Fair Trading v Abbey National plc [2009] :warning:
        Application under CRA 2015
        
        Casehub Ltd v Wolf Cola Ltd [2017] :warning:: Cancellation fee provisions in the ‘Terms and Conditions’ under price payable under the contract (cf in OFT v Abbey National)
        
        IF unfair = non binding (62(1)), + contract continues to have effect in every other aspect (s67)