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This Act moved away from 19 century provisions like the SGA 1893 which provided minimum shielding to consumers.
Utccr 1999 Essay Special Assignments
In the 19 century laissez faire was at the heart of contract law and statutory controls mirrored this.
Section 1 will address the idea that statutory controls on unfair contract terms foster genuine freedom of contract.
In this section, the development of freedom from the 19 century to present shall be discussed, how it reached excessive heights causing exploitation and the implementation of statutory controls to overcome this. Moreover, the author recognises that contractual freedom is now limited but nonetheless still in existence, with the idea of market ‘searchers’, as well as other ideologies influencing this maintenance.
Section 2 will subsequently look at how on the other hand however, these statutory controls promote a protectionist strategy.
Thus, focus will be on the key statutory controls that protect consumers and the common law approaches that coincide with these controls.