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Legislation
Unfair Contract Terms Act 1977

PART II AMENDMENT OF LAW FOR SCOTLAND

  • Section 15 Scope of Part II.
  • Section 16 Liability for breach of duty.
  • Section 17 Control of unreasonable exemptions in ... standard form contracts.
  • Section 18 Unreasonable indemnity clauses in consumer contracts.
  • Section 19 “Guarantee” of consumer goods.
  • Section 20 Obligations implied by law in sale and hire-purchase contracts.
  • Section 21 Obligations implied by law in other contracts for the supply of goods.
  • Section 22 Consequence of breach.
  • Section 23 Evasion by means of secondary contract.
  • Section 24 The “reasonableness” test.
  • Section 25 Interpretation of Part II.
  1. Part II · AMENDMENT OF LAW FOR SCOTLAND
  2. Obligations implied by law in sale and hire-purchase contracts.

Section 20 | Obligations implied by law in sale and hire-purchase contracts.

From legislation.gov.uk

(1)Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from—

(a)section 12 of the Sale of Goods Act 1979 (seller’s implied undertakings as to title etc.);F1

(b)section 8 of the Supply of Goods (Implied Terms) Act 1973 (implied terms as to title in hire-purchase agreements),

shall be void.

(1A)Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from—F2

(a)section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);F2

(b)section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase),F2

shall have effect only if it was fair and reasonable to incorporate the term in the contract.

(1B)This section does not apply to a consumer contract (but see the provision made about such contracts in ).F2

(2)RepealedF3

Notes

  1. F1

    “1979” substituted for “1893” by Sale of Goods Act 1979 (c. 54, SIF 109:1), ss. 62, 63, Sch. 2 para. 21

  2. F2

    S. 20(1A)(1B) inserted (1.10.2015) by , s. 100(5), Sch. 4 para. 19(2); S.I. 2015/1630, art. 3(g) (with art. 6(1))

  3. F3

    S. 20(2) omitted (1.10.2015) by virtue of , s. 100(5), Sch. 4 para. 19(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))

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