Ireland—Unfair terms in consumer contracts

Produced in partnership with Clíodhna Buckley BL of The Bar of Ireland
Practice notes

Ireland—Unfair terms in consumer contracts

Produced in partnership with Clíodhna Buckley BL of The Bar of Ireland

Practice notes
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This Practice Note considers unfair terms which may arise in consumer contracts and refers to several key provisions in the Consumer Rights Act 2022 (Ireland) (CRA 2022 (IRL) which relate to unfair terms. These provisions aim to protect and reinforce the rights of consumers who engage in agreements with businesses and traders. This Practice Note examines what an unfair term is, which terms are presumed to be unfair and which terms are always considered to be unfair terms under CRA 2022 (IRL). It looks at how to determine whether a consumer contract term is transparent and how to interpret the fairness of terms in consumer contracts. It also examines the role of the court under the CRA 2022 (IRL).

Unfair terms and the Consumer Rights Act (2022)

CRA 2022 (IRL) has transposed several European Consumer Rights Directives into Irish law, including Directive (EU) 2019/2161, the EU Omnibus Directive which itself amends Directives such as Council Directive 93/13/EEC also known as the EU Unfair Terms in Consumer Contracts Directive, Directive 2005/29/EC, the

Clíodhna Buckley
Clíodhna Buckley, BL

Barrister, The Bar of Ireland


Cliodhna was called to the Bar of Ireland in 2022. Since then, she has gained experience across a wide-range of areas with an emphasis on criminal law. 
 
Cliodhna is the author of several articles including publications such as Cork Online Law Review (COLR) and ELSA Maastricht Law Review. 

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Jurisdiction(s):
Ireland

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