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All may be fair in love and war... but not in financial contracts with consumers


The Consumer Rights Act 2015, which comes into force on 1 October this year, extends the scope of protection consumers are afforded from unfair terms in a number of important ways.

For example, for the first time the fairness test applies not just to standard terms but also to negotiated terms. The regime applies to consumer notices as well as contractual terms and there is a new prominence requirement that terms must meet in order to fall within the 'core terms' exemption.

This Macfarlanes briefing discusses these and other changes relating to fairness in more detail.


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