Question

Which sections of the Unfair Contract Terms Act (UCTA) 1977 are considered important?

a) Section 2, Section 3, and Section 11
b) Section 5, Section 6, and Section 7
c) Section 8, Section 9, and Section 10
d) Section 11, Section 12, and Section 13

Answer 1

The important sections of the Unfair Contract Terms Act (UCTA) 1977 include Section 2, Section 3, and Section 11. These sections aim to protect consumers and ensure that contract terms are fair and reasonable. Additionally, rewriting Article I Section 10 as granted powers would alter the federal-state power balance.

Step-by-step explanation:

The important sections of the Unfair Contract Terms Act (UCTA) 1977 which are frequently cited for their relevance in protecting consumers and businesses are Section 2, Section 3, and Section 11. Section 2 deals with the limitation on liability for death or personal injury resulting from negligence. Section 3 focuses on limiting business liability when selling goods or services, and Section 11 establishes the requirement for a contract term to be fair and reasonable in order to be enforceable.

Article I Section 10 of the U.S. Constitution covers the restrictions imposed on states, listing things that states are not allowed to do. Should this list be rewritten as a list of granted powers, it would shift from a prohibitive to a permissive stance, fundamentally altering the balance of power between the federal and state governments by explicitly allowing states certain powers rather than restricting them.