Commentary

225 Type of notices subject to assessment for fairness

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

225 Type of notices subject to assessment for fairness

| Commentary

(d) Unfair notices

225 Type of notices subject to assessment for fairness

If a notice:

  1. 225.1

        relates to the rights and obligations between a trader and a consumer; or

  2. 225.2

        appears to exclude or restrict the liability of a trader;

then it will be subject the provisions of Consumer Rights Act 2015 concerning unfair terms1.

A notice, in order for it to be subject to assessment, does not need to explicitly apply to a consumer. The test is whether a consumer is reasonably likely to see or hear the notice2.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial