Contracts – are the terms unfair?
|JEREMY ALLIN, senior partner with Lester Aldridge Solicitors, looks at what the law has to say about contracts, and their fairness or otherwise| Problems have been highlighted over the last few weeks in connection with performance of contracts for the disposal of clinical waste and the fairness or otherwise of those contracts. Nursing home owners have been alarmed and concerned when they have experienced price increases in contracts they have entered into for the disposal of clinical waste, and there have also been concerns over whether or not these contracts can easily be terminated. The law of contract has had a long and varied history and case law continues to be made in this area on a frequent basis. In 1977 the Unfair Contract Terms Act (UCTA) was passed by Parliament. The clear intention of the Act was to curb the use of contract terms by which parties with standard written terms of business or “small print” were able to use those terms to avoid liability for damages when they failed to perform their p