The following Commercial guidance note provides comprehensive and up to date legal information covering:
Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.
This Practice Note considers the use of specific boilerplate provisions in business-to-consumer (B2C) contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, limitation and exclusion of liability, variation and waiver. It looks at the Competition and Markets Authority (CMA) guidance ‘Unfair contract terms: CMA37’ in the context of these specific boilerplate provisions.
This Practice Note should be used with Practice Note: Boilerplate clauses in business-to-consumer contracts—general principles, which provides information on the general principles that need to be taken into account when drafting boilerplate in a B2C contract, including details on the fairness test, the ‘grey list’ of potentially unfair terms, the transparency test and ‘blacklisted’ terms set out in the Consumer Rights Act 2015 (CRA 2015), which regulates B2C contracts, and other related consumer protection legislation.
For our suite of template B2C contracts and drafting tips, see ‘Drafting contracts with consumers’ in: Consumer protection contractual relationships—overview and
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