(a) the exclusion or limitation of the legal liability of a trader in the event of the death of a consumer or the personal injury of the consumer as a result of an act or omission of that trader; (c) to make a contract binding on the consumer, whereas the provision of services by the trader is subject to a condition the performance of which depends solely on his own will; (d) the trader is entitled to withhold sums paid by the consumer if the consumer decides not to conclude or perform the contract without providing that the consumer will receive compensation of the same amount from the trader if he is the party terminating the contract; 12. Injunctions to prevent the continued use of unfair terms `against good faith`. In the complex case of the Director General of Fair Trade v. First National Bank[2], it was concluded that the bank`s apparently unfair interest rate clause was in good faith, as it protected the bank from a possible situation in which it would not receive interest that contravened its business objective. (h) the automatic renewal of a fixed-term contract, unless the consumer indicates otherwise, if the period set for the consumer to refrain from renewing the contract is unreasonably early; (o) oblige the consumer to fulfil all his obligations if the trader fails to fulfil his obligations; 6. Paragraph 1 of this Regulation shall be without prejudice to the right of a consumer to rely in any event on the provisions of this Regulation before a court having jurisdiction. — if the consumer was encouraged to accept the clause (l) which provided that the price of the goods should be determined at the time of delivery or to allow a seller of goods or a service provider to increase their price without giving the consumer the corresponding right to terminate the contract in both cases if the final price is too high in relation to the price agreed at the time of conclusion of the contract; `consumer` means a natural person acting for purposes outside his business; (j) allow the trader to unilaterally amend the terms of the contract without just cause set out in the contract; I, RICHARD BRUTON, Minister for Enterprise and Employment, in the exercise of the powers conferred on me by Article 3 of the European Communities Act 1972 (No 27 of 1972) and for the implementation of Directive No 93/13/EEC of 5. (a) the following regulations shall be laid down in April 1993 on unfair terms in consumer contracts: — the extent to which the seller or supplier has acted fairly and equitably with the consumer, the legitimate interests of which are to be taken into account. 2.
In case of doubt as to the meaning of a term, the interpretation most favourable to the consumer shall prevail. 2. This Regulation shall apply to all contracts concluded after 31 December 1994. Article 8 provides that an unfair term `shall not be binding on the consumer`. (b) unreasonably exclude or limit the consumer`s legal rights vis-à-vis the trader or any other party in the event of total or partial non-performance or insufficient performance by the trader of any of the contractual obligations, including the possibility of offsetting a debt owed to the trader by claims of the consumer against him; 7. This Regulation shall apply without prejudice to contractual terms which apply or purport to apply the law of a country other than a Member State and which would thereby deprive a consumer of the protection provided for in the Council Directive. The term `unfair term` must be interpreted in accordance with the provisions of the Council Directive and those Regulations. “Causes a significant imbalance.” For a term to be regarded as unfair, this presupposes that it is to the detriment of the consumer and excessively benefits the seller or supplier.
(7) An indicative and non-exhaustive list of terms which may be regarded as unfair in accordance with Article 3(3) of the Council Directive is set out in the Annex to the Directive and in Annex 3 to that Regulation. “Not individually negotiated” includes terms that the consumer has not been able to shape. The conditions that have been negotiated individually are outside this regulation, while other contractual conditions may be in the settlement. [n 5] (i) irrevocably bind the consumer to conditions which he did not actually have the opportunity to become aware of before the conclusion of the contract; (a) subparagraph (g) shall not preclude clauses under which a financial service provider reserves the right to terminate unilaterally and without notice a contract of indefinite duration if there is a valid reason, provided that the contractor is required to inform the other Contracting Party or Contracting Parties without delay. — contracts for the purchase or sale of foreign currency, traveller`s cheques or international money orders in foreign currency, — if the goods or services have been sold or supplied to the consumer`s specific order, and point (j) also precludes unconditional conditions under which a trader reserves the right to unilaterally modify the terms of a contract of indefinite duration, provided that he is obliged to inform the consumer in good time and that he is free to withdraw from the contract. (4) A term is always considered not to have been individually negotiated if it has been drafted in advance and the consumer has therefore had no influence on its content, in particular in the context of a pre-formulated standard contract. 5. In the case of contracts in which all or part of the conditions offered to the consumer are set out in writing, the trader shall ensure that the conditions are drafted in clear and intelligible language. These Regulations were adopted in order to give effect to Council Directive 93/13/EEC on unfair terms in consumer contracts. (9) In order to determine whether the terms of a contract are unfair or not, account should be taken of all its characteristics, and in particular of all the information contained therein on the aspects listed in the Annex to the Council Directive and in Annex 3 to that Regulation. The regulations overlap somewhat with the Unfair Contract Terms Act 1977, which deals specifically with opt-out terms. The Directive contains requirements which, in many respects, are narrower than those already in force in English law […].