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Section 3 UCTA 1977: British Fermentation Products Limited v Compair Reavell Limited [1999] 2 All E.R. (Comm) 389; [1999] B.L.R. 352

A decision in the Technology and Construction Court of the Queen’s Bench Division.
HHJ Bowsher said at ,

‘I shall not attempt to lay down any general principle as to when or whether the Unfair Contract Terms Act applies in the generality of cases where use is made of model forms drafted by an outside body. 174 more words


Section 3 UCTA 1977: St Albans City and District Council v International Computers Ltd [1997] F.S.R. 251 (CA)

Nourse L.J. said ,

‘The first question is whether, as between the plaintiffs and the defendant, the plaintiffs dealt as consumer or on the defendant’s written standard terms of business within section 3(1) . 166 more words


Applying Section 3 of the Unfair Contract Terms Act 1977

There are two helpful early cases here.

In Hadley Design Associates v Westminster City Council EWHC 1617, HHJ Seymour said at ,
“The concept underlying the provisions of Unfair Contract Terms Act 1977 s.3, in my judgment, is that there should exist a stock of written, no doubt usually, at any rate, printed, contract conditions which was simply drawn from as a matter of routine and intended to be adopted or imposed without consideration or negotiation specific to the individual case in which they were to be used. 272 more words


S.3 UCTA 1977: African Export-Import Bank v Shebah Exploration & Production Company Limited [2017] EWCA Civ 845

A case concerning Section 3 of the Unfair Contract terms Act 1977.

Longmore L.J. said,
18. Before the Act can be held to apply and require an inquiry into the reasonableness of any particular term, the party relying on the Act must establish (the onus of proof being on that party, see British Fermentation Products Ltd v Compair Reavell Ltd 2 All E.R. 354 more words


Section 3 of the Unfair Contract Terms Act 1977

This section provides,

“(1) This section applies between contracting parties where one of them deals as a consumer or on the other’s written standard of terms of business. 97 more words