Section 17 Control of unreasonable exemptions in ... standard form contracts.F1

Scotland

F2(1)

Any term of a contract which is ... a standard form contract shall have no effect for the purpose of enabling a party to the contract—

F3(a)

who is in breach of a contractual obligation, to exclude or restrict any liability of his to the ... customer in respect of the breach;

C1 F4(b)

in respect of a contractual obligation, to render no performance, or to render a performance substantially different from that which the ... customer reasonably expected from the contract;

if it was not fair and reasonable to incorporate the term in the contract.

(2)

In this section “customer” means a party to a standard form contract who deals on the basis of written standard terms of business of the other party to the contract who himself deals in the course of a business.

F5(3)

This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

Annotations

Textual amendments

F1: Words in s. 17 omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(2); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F2: Words in s. 17(1) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(3)(a); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F3: Words in s. 17(1)(a) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(3)(b); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F4: Words in s. 17(1)(b) omitted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(3)(c); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))
F5: S. 17(3) inserted (1.10.2015 for specified purposes, 1.10.2016 in so far as not already in force) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 16(4); S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2))

Modifications

C1: S. 17(1)(b) extended (1.11.1998 and 1.7.1999 in relation to certain contracts and 7.8.2002 insofar as not then in force) by 1998 c. 20, s. 14(2) (with s. 12); S.I. 1998/2479, arts. 2, 3; S.I. 1999/1816, art. 3(1); S.S.I. 2002/337, art. 2