UCTA law essay :: essays research papers

C. THE UNFAIR CONTRACT TERMS ACT 1977The basic purpose of UCTA 1977 is to restrict the extent to which liability in a suffer can be excluded for breach of require and negligence, largely by reference to a reasonableness requirement, but in some cases by a particular prohibition.S.6(2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss.13, 14 or 15 of the barter of Goods Act 1979 (sellers implied undertakings as to conformity of goods with translation or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term.Exclusion clauses subject to reasonablenessS.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of re asonableness.The Act gives the greatest protection to consumers. Under s12(1) (1) A party to a contract deals as consumer in relation to another party if - (a) he neither makes the contract in the course of a business nor holds himself out as doing so and (b) the other party does make the contract in the course of a business and (c) in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption. (1A) But if the premier party mentioned in subsection (1) is an individual paragraph (c) of that subsection must be ignored.Peter Symmons & Co v Cook 1981 131 NLJ 758R & B customs duty Brokers v United Dominions Trust Ltd 1988 1 WLR 321.Peter Symmons & Co v Cook (1981) 131 NLJ 758The plaintiff home of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held tha t the firm was acting as a consumer and that to buy in the course of a business the buying of cars must form at the very least an integral part of the buyers business or a necessary incidental thereto. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.