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Unfair Terms in Contracts: Proposals for Reform in the UK

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  • Hugh Beale

    (Law Commissioner for England and Wales, Professor of Law, University of Warwick. Postal address: Law Commission, Conquest House, 37/38 John Street, London WC1N 2BQ, UK. Fax: +44 207 453 1297)

Abstract

The English and Scottish Law Commissions have made radical proposals for simplifying UK law on unfair terms in consumer contracts, combining the Regulations that implement the Directive and the earlier legislation into a single instrument that is to be written in language that would be clear and accessible to consumers and businesspeople. The article discusses some of the difficult policy choices involved in combining the different approaches of the two existing instruments, what is needed in order to make the legislation understandable to the lay person, and the extent to which the case of Commission v The Kingdom of the Netherlands requires Member States to use the language of the Directive when implementing it. The Law Commissions also proposed to extend the broader controls found in the Directive to business-to-business contracts, but the proposals did not find favour with the business community.

Suggested Citation

  • Hugh Beale, 2004. "Unfair Terms in Contracts: Proposals for Reform in the UK," Journal of Consumer Policy, Springer, vol. 27(3), pages 289-316, September.
    • Handle: RePEc:kap:jcopol:v:27:y:2004:i:3:p:289-316
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