Simple terms explainer

Local authorities enforce legislation that prohibits traders from using unfair terms in consumer contracts. An unfair term is one that causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer, such as terms that unlawfully limit liability for personal injury or restrict statutory consumer rights. Even where a consumer has agreed in advance, an unfair term has no legal effect and cannot be relied upon or enforced by the trader. Trading Standards Officers are responsible for monitoring compliance and taking enforcement action where unfair contract terms are identified.

Legal status

Statutory

Duty category

Trading Standards

Duty type

Compliance

Social determinant of health

Social and Community Context

Emerging policy and legislation


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National bodies with shared interest

Society of Chief Officers of Trading Standards in Scotland (SCOTSS)

Standards and frameworks



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