End-of-chapter questions: Answer Guidance 15.2

Exclusion clauses and unfair terms

This answer requires a critical evaluation of the material discussed in this jurisdiction. In considering how the law might be considered to be ‘a mess’ you might want to consider the common law, UCTA 1977 and CRA 2015 on their own terms, as well as how they relate to each other. Your conclusion on whether the law needs ‘urgent attention’ is likely to depend upon how problematic you consider the law to be—but if you do think the law needs to be changed, it would be impressive to have suggestions as to what changes would be desirable.