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Consumer Rights Act 2015

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Changes over time for: Section 62

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Consumer Rights Act 2015, Section 62 is up to date with all changes known to be in force on or before 07 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

62Requirement for contract terms and notices to be fairU.K.

This section has no associated Explanatory Notes

(1)An unfair term of a consumer contract is not binding on the consumer.

(2)An unfair consumer notice is not binding on the consumer.

(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

(5)Whether a term is fair is to be determined—

(a)taking into account the nature of the subject matter of the contract, and

(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.

(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer.

(7)Whether a notice is fair is to be determined—

(a)taking into account the nature of the subject matter of the notice, and

(b)by reference to all the circumstances existing when the rights or obligations to which it relates arose and to the terms of any contract on which it depends.

(8)This section does not affect the operation of—

(a)section 31 (exclusion of liability: goods contracts),

(b)section 47 (exclusion of liability: digital content contracts),

(c)section 57 (exclusion of liability: services contracts), or

(d)section 65 (exclusion of negligence liability).

Commencement Information

I1S. 62 in force at 1.10.2015 by S.I. 2015/1630, art. 3(c) (with art. 6(1))

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