17 Control of unreasonable exemptions in consumer or standard form contracts.S
(1)Any term of a contract which is a consumer contract or a standard form contract shall have no effect for the purpose of enabling a party to the contract—
(a)who is in breach of a contractual obligation, to exclude or restrict any liability of his to the consumer or customer in respect of the breach;
(b)in respect of a contractual obligation, to render no performance, or to render a performance substantially different from that which the consumer or customer reasonably expected from the contract;
if it was not fair and reasonable to incorporate the term in the contract.
(2)In this section “customer” means a party to a standard form contract who deals on the basis of written standard terms of business of the other party to the contract who himself deals in the course of a business.
Modifications etc. (not altering text)
C1S. 17(1)(b) extended (1.11.1998 and 1.7.1999 in relation to certain contracts and 7.8.2002 insofar as not then in force) by 1998 c. 20, s. 14(2) (with s. 12); S.I. 1998/2479, arts. 2, 3; S.I. 1999/1816, art. 3(1); S.S.I. 2002/337, art. 2