ABSTRACT
The chapter also considers the relationship between these fairness benchmarks and the approach suggested for the proposed new regime. Essentially the point here is that the ‘detriment’ trigger proposed for the new regime would cover all of the terms already covered by the UCTA. However (being an ‘open fairness norm’) it would also cover forms of exclusion or restriction of the trader’s responsibilities that would not necessarily be caught by UCTA (and, of course, it would cover those terms not caught by UCTA, but caught by the UTCCR, for example those terms that impose obligations and liabilities on the consumer).
