... if, contrary to the requirement of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer' 1 In addition to this Reg 6 of the same Regulations states that, ' .....the fairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.2 Schedule 2 of the 1999 regulations contains a list of 17 non exhaustive and indicative terms which are reputably considered to be unfair; this list is identical to that of the list contained in the 1994 Regulations except for one aspect. The earlier list, referred to clauses which enabled a business to alter unilaterally the ...

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