The varied scope of applications, inconsistency and complexity of current legislation relating to exemption clauses in Contracts has caused much consternation. This paper examines such issues encountered in the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) which should be addressed by future legislation. It has become apparent that three significant issues should be addressed: accessibility (ensuring concepts are easily understood); the scope of legislation; and limitation of negligence (adequacy of terminology).
For coherence, this paper is organized in the following manner: first, an examination of accessibility relating to the abovementioned ...