Legal basis for claims?

[Winky]

I am aware that penalty charges are unenforceable under the common law, however I cannot locate the relevant basis for these claims under statute law in relation to the UFCTA (1977). Can anyone point me towards the relevant section of this Act?

 

Thanks

 

Winky

[rbrears]

From memeory only I think the reasonablelness test is contained in section 11

[BankFodder]

s.4 Unreasonable indemnity clauses

 

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

 

(2) This section applies whether the liability in question—

 

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

 

(b) is to the person dealing as consumer or to someone else.

 

And then s.11 deals with the definition of "reasonable"

 

 

UCTA is linked in the Library

[Winky]

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