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7 Cards in this Set
- Front
- Back
Does the UCTA cover dealings between two individuals not acting in the course of a business?
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Generally, no. UCTA generally applies to 'business liability', defined as where one party is acting in the course of a business, or from the occupation of premises used for the business purposes of the occupier (S.1(3) UCTA).
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In what circumstances does the UCTA cover dealings between private non-business parties?
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1. Implied terms in sale of goods and hire-purchase agreements (S.6) 2. Implied terms in supply of goods and services contracts (S.7) 3. Misrepresentation (S.8). |
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What are the main provisions of the UCTA relating to negligence?
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S.2(1) - death or personal injury arising from negligence cannot be excluded by any term or clause. S.2(2) - loss or damage other than death or personal injury can only be excluded or limited where the term is reasonable. |
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What provision covers exclusion clauses for breach of contract?
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S.3(2) - where one party deals as consumer, exclusion for breach of contract only valid where the term is reasonable.
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How is 'dealing as consumer' defined? Which Section?
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S.12(1) - One person must not make the contract in the course of a business, the other must.
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On whom does the burden of proof fall to disprove that the contract is a consumer contract?
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The party seeking to rely upon the exclusion clause. S.12(3).
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