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Unfair Terms In Consumer Contracts Directive
The Unfair Terms in Consumer Contracts Directive''93/13/EECis a European Union directive (then called European Economic Community directive) governing the use of surprising or onerous terms used by business in deals with consumers. National law In the United Kingdom the Unfair Terms in Consumer Contracts Regulations 1994 and the Unfair Terms in Consumer Contracts Regulations 1999 are UK statutory instruments, which implement the EU Unfair Consumer Contract Terms Directive. See also *Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) *English contract law *EU law *''OFT v Abbey National plc is a judicial decision of the United Kingdom Supreme Court relating to bank charges in the United Kingdom, with reference to the situation where a bank account holder goes into unplanned overdraft. When a bank customer uses an unplanned overdraf ...'' Notes External links *Official text oCouncil Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts E ...
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European Union Directive
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than ...
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Unfair Terms In Consumer Contracts Regulations 1999
The Unfair Terms in Consumer Contracts Regulations 1999SI 1999/2083 is an old UK statutory instrument, which had implemented the EU (then EEC) Unfair Consumer Contract Terms Directivebr>93/13/EECinto domestic law.Implemented under the European Communities Act 1972. See also, (1993) L95 OJ 29. It replaced an earlier version of similar regulations,See The Unfair Terms in Consumer Contracts Regulations 1994 and overlaps considerably with the Unfair Contract Terms Act 1977. It was superseded by the Consumer Rights Act 2015, which regulates unfair terms in consumer contracts in English contract law. Overview The scope of the Directive is rather limited, seeking merely to harmonise rather basic consumer rights across the EU. In the UK, these 1999 Regulations work to render ineffective terms that benefit seller or suppliers against the interests of consumers. They also have provisions specifically covering standard form contracts. The Regulations overlap somewhat with the Unfair ...
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Statutory Instrument
In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instruments (or 'regulations') are primarily governed by the Statutory Instruments Act 1946, which replaced the system of statutory rules and orders governed by the Rules Publication Act 1893. Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill, there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand a full debate on contentious issues.
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their ...
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EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development (economics), human development. According to its Court of Justice of the European Union, Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own ...
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OFT V Abbey National Plc
is a judicial decision of the United Kingdom Supreme Court relating to bank charges in the United Kingdom, with reference to the situation where a bank account holder goes into unplanned overdraft. When a bank customer uses an unplanned overdraft and then makes a payment request (whether by standing order, direct debit or using an ATM or debit card), banks generally make the payment as requested, and then charge fees (which may include "paid item" charges and unauthorised overdraft fees) which accrue on a daily basis whilst the unauthorised overdraft continues. The Office of Fair Trading ('OFT'), acting on behalf of consumers, challenged these fees under the Unfair Terms in Consumer Contracts Regulations 1999 ('UTCCR'), which implements European Union Unfair Contract Terms Directive. OFT claimed the sizeable fees charged were not a fair reflection of the banks' costs but were instead a penalty upon the consumer or bank account holder, hence unlawful. If these fees were confirmed ...
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European Union Directives
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additi ... ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *'' The Eu ...
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1993 In Law
File:1993 Events Collage.png, From left, clockwise: The Oslo I Accord is signed in an attempt to resolve the Israeli–Palestinian conflict; The White House (Moscow), Russian White House is shelled during the 1993 Russian constitutional crisis; Czechoslovakia is peacefully Dissolution of Czechoslovakia, dissolved into the Czech Republic and Slovakia; In the United States, the ATF Waco siege, besieges a compound belonging to David Koresh and the Branch Davidians in a search for illegal weapons, which ends in the building being set alight and killing most inside; Eritrea gains independence; A major 1993 Storm of the Century, snow storm passes over the United States and Canada, leading to over 300 fatalities; Drug lord and narcoterrorism, narcoterrorist Pablo Escobar is killed by Military Forces of Colombia, Colombian special forces; Ramzi Yousef and other Islamic terrorism, Islamic terrorists 1993 World Trade Center bombing, detonate a truck bomb in the subterranean garage of List of t ...
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