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Fairness of term

Re: Fairness of term

Postby iobject » Tue Jul 26, 2016 10:15 am

Interestingly, I have just noticed that the Consumer Rights Act 2015, which replaces the UTTCR as pointed out, specifically excludes employment contracts.
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Re: Fairness of term

Postby theycantdothat » Tue Jul 26, 2016 10:35 pm

The folowing is listed in the Act as a consumer contract term which may be regarded as unfair:

A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.
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Re: Fairness of term

Postby diy » Tue Aug 02, 2016 2:03 pm

I think you will struggle with a contract (consumer or otherwise) which allows one party to materially change the terms without the agreement of the other... Imagine a scenario.

Business broadband 10Gbps download & Upload guaranteed - £1000 per month 24 months contract min.

we reserve the right to modify the terms

new terms 10Gbps now 1kbps

I think you might argue that their right to vary the terms should not materially impact the features or quality of the service, without giving the other party a right to cancel.
My suggestions are not legal advice
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Re: Fairness of term

Postby jantra » Thu Nov 24, 2016 3:17 pm

diy wrote:I think you will struggle with a contract (consumer or otherwise) which allows one party to materially change the terms without the agreement of the other... Imagine a scenario.

Business broadband 10Gbps download & Upload guaranteed - £1000 per month 24 months contract min.

we reserve the right to modify the terms

new terms 10Gbps now 1kbps

I think you might argue that their right to vary the terms should not materially impact the features or quality of the service, without giving the other party a right to cancel.


you have the same broadband provider as I do
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