Statutory control Flashcards
statutory control for the Consumer Rights Act 2015
Excluding liability for implied terms
Cannot exclude liability for death or personal injury resulting from negligence
Refers to certain restrictions of terms
The fairness test
S.62 of the CRA defines what an unfair term is as those which put the consumer at a disadvantage by limiting the consumers rights or disproportionately increasing their obligations
The grey list – a list of terms which are examples of terms that would be considered unfair
Need to look at the terms about the main subject matter of the contract
main subject matter of a contract must be what? (Consumer Rights Act 2015 statutory control)
Must be transparent which means it must be in plain and intelligible language and it must be prominent which means it must be brought to the consumers attention so that they are aware of the term
