| Commentary

36 Dealing with consumers

| Commentary

36 Dealing with consumers

If a consumer is to be a party to the agreement:

  1. 36.1

        Is the party actually a consumer1?

  2. 36.2

        Does the agreement concern a matter excluded by the Consumer Rights Act 2015, such as including an unfair term or unfair notice2?

If dealing with a consumer:

  1. 36.3

        Has the agreement been drafted in transparent language and is legible3?

  2. 36.4

        Are any of the provisions ‘unfair’4?

  3. 36.5

        Does the agreement attempt to exclude, either completely or more than is permitted, any consumer rights5.

  4. 36.6

        Has the

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