Consumer Rights Act 2022
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Meaning of “unfair” | ||
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130. (1) A term of a consumer contract 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. | ||
(2) In assessing whether a term of a consumer contract is unfair, the following matters shall in particular be taken into account— | ||
(a) the nature of the subject matter of the consumer contract, | ||
(b) whether the term of the consumer contract complies with the requirements referred to in section 134 (2), | ||
(c) all of the circumstances relating to the conclusion of the consumer contract, and | ||
(d) the other terms of the consumer contract or of any other contract (including a consumer contract) on which it is dependent. | ||
(3) In assessing whether a term of a consumer contract complies with the requirement of good faith, regard shall be had in particular to— | ||
(a) the strength of the bargaining positions of the parties, | ||
(b) whether the consumer had an inducement to agree to the term, | ||
(c) whether the goods were, or the digital content, digital service, service or other subject matter of the contract was, sold or supplied to the special order of the consumer, and | ||
(d) the extent to which the trader has— | ||
(i) dealt fairly and equitably with the consumer, and | ||
(ii) taken the consumer’s legitimate interests into account. | ||
(4) Nothing in this section affects the operation of the following provisions: | ||
(a) section 39 (exclusion or limitation of liability of trader ( Part 2 )); | ||
(b) section 71 (exclusion or limitation of liability of trader ( Part 3 )); | ||
(c) section 94 (restriction on exclusion or limitation of liability of trader ( Part 4 )); | ||
(d) section 132 (consumer contract terms that are always unfair). |