What is legal princlple which says you cannot sigh away your legal rights even if you enter agreement which does this. i.e. you cannot agree to have less rights than those given to you by law in employment , consumer rights, etc. I think it is the name of a case. Please help and it is English law.
2007-03-21 03:13:35 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Are you looking for this? http://www.netlawman.co.uk/acts/unfair-contract-terms-act-1977.php
2007-03-21 09:59:29 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
Parliament has assumed the major role in regulating the use of exclusion or limitation clauses. The principal legislation which is enacted to protect the public from unwittingly signing their lives away is the Unfair Contract Terms Act 1977 also the Unfair Terms in Consumer Contracts Regulations 1999(which now also applies to tenancy agreements).
Whilst both Act's give the courts considerable power to regulate exlcusion or limitation clauses, English law still does not recognise the existence of a general doctrine of unfairness or unconscionability. A person who enters into an imprudent or unwise bargain will not be rescued by the Courts. Thus the focus is on the form of the clause which is the subject of control rather than upon the substance of the contract taken as a whole.
2007-03-21 16:13:47 · answer #2 · answered by stephen.oneill 4 · 0⤊ 0⤋
Do you mean declaring a contract void as against public policy?
2007-03-21 12:03:22 · answer #3 · answered by zucca 6 · 0⤊ 0⤋