Abstract
Abstract The Unfair Terms in Consumer Contracts Regulations have now been in force for more than a decade and have had considerable impact on the content of consumer contracts. The focus of this chapter will be on the meaning of unfairness and its inter-relationship with the chosen method of implementation and enforcement of the Regulations. Crucial to the success of the Regulations has been the adoption of an administrative model of enforcement, giving the Office of Fair Trading (OFT) and certain other consumer bodies the power to investigate complaints about unfair terms drawn up for general use. The OFT has seized upon this as an opportunity to conduct a pro-active campaign against the use of unfair terms in consumer contracts. Following complaints about individual contract terms, the OFT has not limited its response to a review of the offending terms but has undertaken reviews of entire contracts, even negotiating industry-wide changes with trade associations.
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