Ucta law essay

The UCTA deals with contractual provisions that aim to exclude or limit liability for negligence, breach of contract (express terms and those implied by statute), or claims to be entitled to ‘render a contractual performance substantially different from that which was reasonably expected’ [ 16] .

Guidelines as to the application of the test are also provided in schedule 2 of UCTA, and although the fairness of these guidelines has been questioned, they have been applied by the courts more liberally than expected.

The burden of proof as to whether the clause satisfies the required test differs in each piece of legislation; in UCTA it lies upon the person seeking to use the clause; and under the Regulations it lies upon the consumer, so offering considerably less protection for the consumer.

Unlike UCTA, the Regulations provide a more exhaustive list of unfair terms enforceable on a more general basis, however, do not apply to as wide a range of contracts.