consumer contract

a contract where one of the parties - assumed to have the weaker bargaining position - is a consumer for use, rather than a business. There are now a number of different definitions for different purposes. The categorization is important as there are various protections including protection from certain exclusion and exemption clauses. The consumer may be given enhanced legal rights often by way of the inclusion of terms included in the contract by operation of law- terms which may not be capable of exclusion. Rights in relation to remedies may be enhanced as they are in relation to sales of goods.

Collins Dictionary of Law © W.J. Stewart, 2006

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References in periodicals archive

A consumer contract is a contract for the supply of goods or services to an individual for personal, domestic or household use.

Contract law: Do you know what makes a contract?

In the period between 1 January 1995 and 1 July 2016, there were nineteen cases (62) involving an exclusive forum-selection agreement in a consumer contract. (63)

Contracting out of access to justice: enforcement of forum-selection clauses in consumer contracts

The Consumer Contract Regulations apply to contracts between "traders" and "consumers".

The new regime for consumer contracts

It points out that, in its earlier case -law (Pammer and Hotel Alpenhof, 2010 & Muhlleitner, 2012), it identified a non-exhaustive list of factors, which may assist a national court in making this determination, including the establishment of contact at a distance and the conclusion of a consumer contract at a distance.

CROSS-BORDER SALES : EU COURT CLARIFIES JURISDICTION OF NATIONAL COURTS

Under the consumer contract of purchase-sale the seller, who is the person engaged in trade, or his agent, obligates himself to sell a good - a movable object - to the buyer - a natural person - for his personal, family or household needs not related to business or profession, while the buyer obligates himself to pay the price.

Consumer contracts of purchase - sale

Under the UCTL, a term in a standard form consumer contract will be void if the term is unfair.

The Australian unfair contract terms law: the rise of substantive unfairness as a ground for review of standard form consumer contracts

Seven lenders had appealed in June against an earlier ruling by the Court of Appeal, which said fees for unauthorised overdrafts fell under the scope of consumer contract law and can be assessed for fairness.

Court rules in favour of bank charges

Several appendices list extensive resources where consumers can find established industry standards for various trades licensing information downloadable consumer contract forms and checklists to use at various stages.

How to Hire Manage and Fire Your Contractor: Everything You Need to Know to Do It Right

(25) In refusing to enforce the class action waiver provision in a consumer contract with a national company, the court held that the fight to seek redress as a class was "more than a mere procedural device in California" and that the rejection of class action waivers in California was based on public policy expressions against that practice in state statutes.

Consumer protection choice of law: European lessons for the United States

High street banks argued in court yesterday that consumer contract "fairness" rules do not apply to the charges they impose for unauthorised overdrafts.

Watchdog slated by banks in row over charges