Sentences with phrase «unfair contract»

At a recent case management conference in the Mercantile Court at Leeds, Judge Kaye QC posed the question — as have a number of claims — whether the Unfair Contract Terms Act 1977 (UCTA 1977), s 4 or the Supply of Goods and Services Act 1982 (SGSA 1982), s 15 are applicable.

Further, he argued that the scheme requirement that an employee should be physically present to receive a bonus was an unfair contract term and thus caught by UCTA 1977, s 3.

AK claimed that this clause was not effective as it failed to satisfy the requirement of reasonableness under the Unfair Contract Terms Act 1977 (UCTA 1977).

Additionally, if the bank were to try to avoid its obligation with respect to the 2005 bonus then this would run foul of the Unfair Contract Terms Act 1977 (UCTA 1977).

Comment Following JP Morgan Chase v Springwell Navigation [2008] EWHC 1186 (Comm), [2008] All ER (D) 167 (Jun) this case was the second in 2008 where a client attempted to challenge a bank's contract terms under unfair contract terms legislation.

In the context of a business - to - business sale of goods contract, the two most important instruments are the Sale of Goods Act 1979 (SGA) and the Unfair Contract Terms Act 1977 (UCTA), although other acts will need to be considered.

At the consumer end, we advise both prospectively and retrospectively on UK and European consumer protection legislation, including claims arising out of the Unfair Contract Terms Act, the Consumer Protection Act, the Sales of Goods Act, the Consumer Protection from Unfair Trading Regulations, and issues relating to product recall and liability generally.

All of this is found in the Unfair Contract Terms Act 1977.

Of course, the client may be able to show undue influence, a breach of the Unfair Contract Terms Act 1977 or an unconscionable bargain, but this requires as a minimum an inequality of bargaining power, a manifestly disadvantageous agreement and an undue degree of pressure brought to bear by the stronger party; such matters are notoriously difficult to prove, particularly in a commercial context.

But remember in a normal consumer contract the court can strike down unfair contract terms (The Unfair Terms in Consumer Contracts Regulations 1999).

The Law Commissions had been asked to update the advice on ways to simply the current unfair contract terms regime that they provided to the UK Government in 2005 in light of recent court decisions.

Office of Fair Trading v Ashbourne Management Services Ltd [2011] EWHC 1237 (Ch); [2011] E.C.C. 31; [2011] C.T.L.C. 237 — Consumer Law (Consumer credit agreements; consumer protection; credit reference agencies; unfair commercial practices; unfair contract terms)

Legal protections preventing the inclusion of unfair contract terms in consumer contracts should be extended to apply to less formal notices, such as those included as part of software end user licence agreements (EULA), law reform bodies have said.25 Mar 2013

These are the Unfair Contract Terms Act (UCTA), which deals with exclusion clauses, and the Unfair Terms in Consumer Contracts Regulations (UTCCR), which give effect to the EU's Unfair Terms Directive and cover a greater variety of non-negotiated terms.

The DIFC Contract Law must be read together with The Implied Terms in Contracts and Unfair Terms Law (DIFC Law No. 6 of 2005), which exists as a separate statute and is akin to an amalgamation of the English Sale of Goods Act and the Unfair Contract Terms Act.

The «leading» team is experienced in a range of cases involving consumer protection regulation, trading standards, environmental health and unfair contract terms.

The Consumer Rights Act 2015 (Act) has now received Royal Assent, bringing about an overhaul in the law regarding the sale and supply of goods, services and digital content and the law on unfair contract terms.

I have also noticed that there may be some precedent to argue the fees under the Unfair Contract Terms Act 1977 but that's vague and may not directly apply here.

New research from the Federation of Small Businesses (FSB) suggests half (52 %) of small firms have been stung by unfair contract terms with suppliers, costing nearly # 4 billion in the last three years.

Whether the Unfair Contract Terms Act 1977 (UCTA 1977) could hold that the clause capping liability in the context of the case could be deemed unfair.

This case highlighted the importance of clarity in agreeing the terms upon which subcontracts are made and demonstrated how an exclusion clause can fall foul of the Unfair Contract Terms Act 1977 («UCTA») even where both parties were commercial entities and not dealing as consumers.

The FSB research, «Treating Smaller Businesses Like Consumers — Unfair Contract Terms», sheds light on the scale of the problem, suggesting 2.8 million small firms have suffered because of unfair contract terms.

Two in five (40 %) respondents said they felt powerless to do anything about unfair contract terms because the supplier was too important or powerful to challenge.

Tackling unfair contract terms would lead to a more efficient and competitive economy.»

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which can not be excluded or limited under the law of the United Kingdom.

To find out more see ASIC's webpage on the Australian consumer law - unfair contract terms.

There's no better case to illustrate the issue of unfair contract terms than the Bank Charges campaign.

Lenders» excuse was contract clauses allowed them to «vary the fee over time», but the FCA said that as this was done without the consumer agreeing, it fell foul of the unfair contract laws.

You may be able to argue this is an unfair contract term.

I don't give a fig who the publisher is or anything about the author's fair or unfair contract with a publisher.

Pointing out that «authors remain the only essential part of the creation of a book and it is in everyone's interests to ensure they can make a living», it tells publishers that «unfair contract terms, including reduced royalty rates, are a major part of the problem».

UK Competition and Markets Authority Investigates Online Dating Agency — The case, outlined on GOV.UK, concerns potential unfair commercial practices and potential unfair contract terms.

Unconscionable conduct (s 22 to be amended to include «price» within list of matters court can consider when determining whether conduct unconscionable); unfair contract terms (expand to B2B contracts and make it «possible for term that «sets the upfront price payable» to be found to be unfair»)

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

Competition issues in Qld (Competitive neutrality, electricity, supermarket dominance, insurance, tender process, hospital licencing laws»), improving environment for small business (unfair contract provisions, MMP and creeping acquisitions), improving small business competitiveness.

Supports NFF submission and identifies 10 priority areas: Unconscionable conduct, Misuse of market power (effects test), Unfair contract terms (extension to small business), Collective bargaining (inc raising threshold for primary production bargaining), Codes of conduct, Statutory duty of good faith, Powers of the ACCC (price monitoring, divestiture powers), Access, Protection from agri - terrorism, Establishing a Perishable Goods Commissioner

ensuring small business receives their industry code and unfair contract term protections (focus on Franchising Code of Conduct)

Allens > < Linklaters latest In touch: Competition law update is now available, covering the Harper Review, ACCC immunity policy, NZ unfair contract terms draft guidelines, ACCC news, case news ACCC v Breast Check; Zen Telecom; Pirovic Enterprises; Safe Breast Imaging Pty Ltd (No 2) and Seafolly v Madden).

The ACCC will be watching Amazon to make sure it doesn't mislead consumers by not providing guarantee rights in the event products are defective and to ensure there are no unfair contract terms with Amazon suppliers.

«If someone buys a good off Amazon and it doesn't work and if Amazon say for example you have to return it in ten days or it is too late, that's illegal in Australia so unfair contract terms and consumer guarantees are the two issues we will be watching Amazon on very closely.»

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which can not be excluded or limited under applicable law.

We empower authors, rather than cheating them and tricking them into unfair contracts.

Many self - publishing companies cheat authors with unfair contracts, hidden fees and low royalty payments.

Watching contract clauses like hawks and refusing to sign unfair contracts, be they with publishing houses, cover designers, e-tailers, and so on.

What always amazes me is why publishers still try to force authors into unfair contracts, when there are so many other options these days.

So in today's post, I'm going to lay out several examples of authors signing unfair contracts as well as authors getting their rights stolen from them.

Not exact matches

That being said, there are rules in respect to unconscionable contracts that are unfair to the user.

(Deciding a contract is unfair rarely constitutes a legal reason to back out of that contract; Petty claimed that ABC's sale of Shelter Record's to MCA served as justification to declare an unfavorable contract he claimed he signed under duress to be invalid.)

A judge in Arkansas has ruled that the state commission assigned to award licenses for growing legal medical marijuana awarded the contracts in an unfair manner.

In a Monday night decision, Koh said Moore deserved a chance to show Apple disrupted her wireless service contract and violated a California unfair competition law, by blocking messages meant for her.