English Law Basics · glossary
The test in section 11 of the Unfair Contract Terms Act 1977: was the term a fair and reasonable one to include, judged by what both sides knew when the contract was made? The seller proves it. Each part of clause 9 takes the test on its own. Unfair Contract Terms Act 1977, section 11(1) · Chapter 6 · see Cap, Exclusion clause, Written standard terms
Explained in Chapter 6, Exclusion Clauses and the UCTA Reasonableness Test, of English Law Basics.
Also explained in Civil Litigation.
Both sections ask one question. Was the term a fair and reasonable one to include, judged by what the two sides knew, or could have known, when the contract was made? That is the reasonableness test, in section 11. The seller proves it, not the buyer.Read Chapter 6, Exclusion Clauses and the UCTA Reasonableness Test →
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