· UCTA, sec 3 - applies where one party deals on the other's written standard terms. Example: Bigs Ltd contracts with Smalls Ltd on Smalls Ltd's standard terms - sec 3 applies. '.as against that party, the other cannot by reference to any contract term: (a) when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or (b) claim to be entitled: (i) to render a contractual performance substantially different from that which was reasonably expected of him; or (ii) in respect of the whole or any part of his contractual obligation, to render no performance at all, except in so far as (in all of the cases mentioned above in this sub-section) the contract term satisfies the requirement of reasonableness.' . UCTA sec 11(1) - 'Fair and reasonable' to include in the contract. . Sec 11(4) where the clause limits monetary liability, consideration should be had to: - Resources available to defendant - Availability of insurance · Sec 11(5) - burden of proof on defendant. · Schedule 2 factors- applies to supply of goods contracts (ss. 6 & 7), but, can be used more widely in determining reasonableness. · Strength of bargaining position. - Watford Electronics Ltd v Sanderson CFL [2001] · Did claimant receive an inducement (e.g discount) to agree to clause ?. . Claimant's knowledge of the term and its extent. . Reasonable to comply with condition which, if not complied with, leads to exclusion - e.g time limit for complaint- RW Green Ltd v Cade Brothers Farms [1978] 1 Lloyds Rep. 602 · Contract specially tailored to claimant's needs-e.g goods manufactured to order. · Pre-UCTA – George Mitchell v Finney Lock Seeds (1983) · Trade practice was relevant • Post-UCTA - St Albans's City and District Council v International Computers Ltd (1996) - Defendant was in a stronger bargaining position – No objective justification for the amount stated in the limitation clause . Sec 1(1)- CRA applies to contracts between a trader and a consumer for the trader to supply goods, digital content or services. · Sec 2(2)- A trader is a person acting for purposes relating to their business, craft or profession. . Sec 2(3)- A consumer is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. · Sec 3- Applies to contracts for a trader to supply goods to a consumer. . Sec 31- In relation to the supply of goods, a term of a contract will not be binding on the consumer to the extent that it excludes or restricts the trader's liability arising under the provisions in ss. 9-1fi (which include quality, fitness for purpose, description, sample, right to supply) and ss. 2ft-29(delivery and risk).
. Sec 47- In relation to contracts to supply digital content, no exclusion or restriction of liability as regards the 5 listed provisions (which include digital content to be of satisfactory quality, fitness for purpose, content to be as described)