Skeleton argument Case Study Example | Topics and Well Written Essays - 500 words

Skeleton argument - Case Study Example 6. ‘The Law Commission and The Scottish Law Commission’ established that in consumer contracts there are terms included that are not personally negotiated2. The role of UCTA is to determine if the terms used are fair or unfair. In this particular case Ms Edwards was not involved in any kind of negotiations on term (a) and (b) of the tenancy agreement. 7. The ‘Unfair Contract Terms Act 1977’ mentions that it is necessary for the terms in a contract to meet the specification of reasonableness3. This would permit a term to be fair and dependent. The terms in the tenancy contract did not meet these requirements. 2. The ‘Unfair Contract Terms Act 1977’ 2 (2) states that in the event of harm or loss, the individual shall not limit or eliminate the liability unless the term fulfils the necessity of reasonableness4. In this case the term (c) is considered unreasonable. 3. In the case of London Borough of Newha v Khatun, Zeb and Iqbal; CA [24-Feb-2004] held that the terms of a tenancy agreement are controlled by the Unfair Contract Regulations to determine the unfair phrases and prevent them from being enforced5. Scottish Ministers ‘The Law Commission and The Scottish Law Commission’ Justice.gov.uk (February 2005) Ë‚http://lawcommission.justice.gov.uk/docs/lc292_Unfair_Terms_In_Contracts.pdfËÆ' Accessed January 1,