Unfair Contract Terms Act 1977
c. 5013
Part II
- (b) how far it was open to that party to cover himself by insurance.
(4) The onus of proving that it was fair and reasonable to incorporate a term in a contract shall lie on the party so contending.
Interpretation of Part II. 25.—(1) In this Part of this Act—
- “breach of duty” means the breach—
- (a) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;
- (b) of any common law duty to take reasonable care or exercise reasonable skill;
- (c) of the duty of reasonable care imposed by section 2(1) of the 1960 c. 30.Occupiers’ Liability (Scotland) Act 1960;
- “business” includes a profession and the activities of any government department or local or public authority;
- “consumer” has the meaning assigned to that expression in the definition in this section of “consumer contract”;
- “consumer contract” means a contract (not being a contract of sale by auction or competitive tender) in which―
- (a) one party to the contract deals, and the other party to the contract (“the consumer”) does not deal or hold himself out as dealing, in the course of a business, and
- (b) in the case of a contract such as is mentioned in section 15(2)(a) of this Act, the goods are of a type ordinarily supplied for private use or consumption; and for the purposes of this Part of this Act the onus of proving that a contract is not to be regarded as a consumer contract shall lie on the party so contending;
- “goods” has the same meaning as in the 56 & 57 Vict. c. 71.Sale of Goods Act 1893;
- “hire-purchase agreement” has the same meaning as in section 189(1) of the 1974 c. 39.Consumer Credit Act 1974;
- “personal injury” includes any disease and any impairment of physical or mental condition.
