Monday, November 4, 2019
The Unfair Contract Terms Act 1977 is misleadingly named. It only Essay
The Unfair Contract Terms Act 1977 is misleadingly named. It only deals with a tiny subset of terms, and does nothing to make sure that contracts are fair - Essay Example Every member in the contract is expected to play his or her relevant obligation in ensuring that the contractual terms and conditions are not breached. The contracts also define the consequences associated with breaching of the terms and conditions that sustains the contract. This act is always deployed in conjunction with the unfair terms in consumer contacts regulation (UTCCR) 1999, the Sales Goods Act 1979 and the supply of goods and services Act 1982. The three enactments are inseparable .However; the enactment has manifested a lot of weaknesses that makes it unfair to the individual members of the contract. This includes the following. Negligence, which is one of the factors in the enactment, has given freedom the insurance companies to deny the liability in case of a tragedy subscribed for in the insurance contract (Eaglestone,2004). Insurance companies are expected to compensate individual or company in case ofan accident. Always individuals subscribe to the service periodically in order to be protected during the times of crisis. Inmost cases these companies take an excuse of reckless nesses to evade the liability. This is common in vehicles indulged in accidents. It is unfair todeny responsibility in which somebody is paying for. Under such a situation, the client is fixed falsely for falling into tragedy. The act does not give consumers the right to take part in solving problems arising from their contracts (Kidner,2005). The business is the only party mandated to provide the solutions based on its own interest. For instances, in case a customer defaults to clear the loans, the institution itself is the only party that sets the penalties without involving the customers in such decisions. Also, the kind of penalties sometimes imposed on the consumers are very heavy to be cleared easily. In most cases the states force people, especially the government workers to join such contracts. In facts several nations have made it one of the
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