Consumer Rights Act 2015—unfair terms
Consumer Rights Act 2015—unfair terms

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Consumer Rights Act 2015—unfair terms
  • Background
  • Brexit
  • CMA guidance on unfair contract terms
  • EC guidance on the EU UTCCD
  • Case law preceding the CRA 2015
  • EU case law before and after Brexit
  • Quick view
  • Application of the CRA 2015 to consumer terms and notices
  • Free digital content
  • More...

This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to the fairness and transparency of business-to-consumer (B2C) contract terms and notices. It considers exemptions from the unfair terms provisions, the fairness test, the ‘grey list’ of terms that may be considered unfair, the transparency test, ‘blacklisted’ terms and enforcement.

For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary.

For consideration of the application of the CRA 2015 to goods, services and digital content, see Practice Notes:

  1. Consumer Rights Act 2015—goods

  2. Consumer Rights Act 2015—services

  3. Consumer Rights Act 2015—digital content

For consideration of the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses.

For information on exclusion and limitation of liability in B2C contracts, see Practice Note: Exclusion and limitation of liability—business-to-consumer.

Background

The CRA 2015 re-implemented Directive 93/13/EEC (OJ L 95/29), the EU Unfair Terms in Consumer Contracts Directive (EU UTCCD), into UK law and consolidated the provisions of the Unfair Contract Terms Act 1977 (UCTA 1977) applicable to B2C contracts, and the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCR 1999), repealing the latter. UCTA 1977 now

Popular documents