contract-law england-and-wales interpretation unfair-terms
Must conflicts between different terms of a contract be resolved in favour of a consumer?
<p>I’m inclined to recall that there was something or other in one of the statutory non exhaustive lists of example unfair contract terms that says this, but I can’t find the specific one that I’m thinking of at the moment.</p>
<p>Is this a correct application of the unfair contract terms laws?</p>

<h2>No</h2>
<p>The concept of an “unfair” contract or term does not exist at common law - you are free to enter, and be bound by, whatever contracts you like whether they are objectively fair or not.</p>
<p>“Unfair” is therefore a creature of statute and what is “unfair” and what happens if it is are determined by statute.</p>
<p>In England and Wales, there are 3 pieces of legislation that deal with <a href="https://en.wikipedia.org/wiki/Unfair_terms_in_English_contract_law" rel="nofollow noreferrer">unfair terms</a>:</p>
<ul>
<li><a href="https://en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977" rel="nofollow noreferrer">The Unfair Contracts Terms Act 1977</a> primarily limits disclaimers of liability which renders excessive terms either unenforceable or subject to reasonableness limitations.</li>
<li><a href="https://en.wikipedia.org/wiki/Unfair_Terms_in_Consumer_Contracts_Regulations_1999" rel="nofollow noreferrer">Unfair Terms in Consumer Contracts Regulations 1999</a> covers any unfair terms in a consumer contract that do not involve the &quot;definition of the main subject matter of the contract&quot;, or terms which relate to &quot;price or remuneration&quot; of the thing sold. A term is unfair “ if it is not one that is individually negotiated, and if contrary to good faith it causes a significant imbalance in the rights and obligations of the parties.” An unfair term is not binding on the consumer.</li>
<li><a href="https://en.wikipedia.org/wiki/Consumer_Protection_from_Unfair_Trading_Regulations_2008" rel="nofollow noreferrer">Consumer Protection from Unfair Trading Regulations 2008</a> covers B2C relationships in general and is not specifically about contract terms.</li>
</ul>
