Summary Cases for the impact of the Consumer Rights Act 2015

Impact of Consumer Rights Act 2015 and Unfair Contracts Terms Act 1977 cases
Lec 12&13

CRA 2015
 Consumer contract: s61- provisions of act will apply to contracts between ‘trader’
and ‘consumer’
 Trader: person acting for purposes relating to that person’s trade, business, craft of
profession, whether acting personally or through another person acting in trader’s
name or on behalf of trader
 Consumer: individual acting for purposes that are wholly or mainly outside that
individual’s trade, business, craft or profession
 Non consumer contracts- not between trader and consumer. Regulated by UCTA
1977

UCTA 1977
 Use of exclusion/ limitation clauses
 Some clauses are automatically invalid and other are subject to a test of
‘reasonableness’
UCTA and negligence
 Defined in s1(1). Can party exclude/ limit liability for n?
 S2(1) liability for death of personal injury cannot be exclude or restricted by any
contract term or notice. Such clauses are automatically invalid.
 S2(2) in case of other loss or damage liability for n can be excluded but only so far as
the term or notice satisfies the test of reasonableness