For 消费者 contracts entered on or after 1 October, the Act places courts under a duty to consider the fairness of terms in litigation concerning 消费者 contracts. 各种监管机构还具有违反不公平条款规定的执行权。
- relates to rights or obligations as between a trader and a 消费者, or
- purports to exclude or restrict a trader’s liability to a 消费者.
The notice will be deemed to be a “consumer notice” whether or not it is said to apply to a 消费者, as long as it is reasonable to assume it is intended to be seen or heard by a 消费者. 通知可以包括公告（无论是否为书面形式）以及任何其他通讯或声称的通讯。
- To ensure that certain categories of liability may not be excluded or restricted at all, for example in respect of death or personal injury resulting from negligence, or in respect of the 消费者’s statutory rights outlined in our earlier posts.
- To ensure that any “secondary contracts” made before or after the 消费者 contract do not prejudice the application of the unfair terms provisions, even if such secondary contracts are between different parties who are not themselves 消费者s.
- Concerning 消费者 contracts made under the laws of other countries outside the European Economic Area.