transactions were not likely to give rise to the same problems concerning the use of exemption clauses as commercial transactions. All areas, then, not clearly private would come within the Act. Certainly, it would be consistent with the policy underlying the 1977 Act to enable it to apply relatively widely. Dealing as consumer : The scope and consequent definition of ‘dealing as a consumer’ is too limited to wholly illuminate the ‘business’ conundrum posed above (although it does shed some light on it). It functions primarily with regard to the differential tests on those in ‘business’ and ‘consumer’ as set out in ss 6 and 7, although it also has impact in relation to s 3 (below). A definition of ‘dealing as a

doi:10.4324/9781843141518-189

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ABSTRACT

The scope and consequent definition of ‘dealing as a consumer’ is too limited to wholly illuminate the ‘business’ conundrum posed above (although it does shed some light on it). It functions primarily with regard to the differential tests on those in ‘business’ and ‘consumer’ as set out in ss 6 and 7, although it also has impact in relation to s 3 (below).40 A definition of ‘dealing as a consumer’ can be found in s 12:

Unfair Contract Terms Act 1977 12

(1) A party to a contract ‘deals as consumer’ in relation to another party if:

(a) he neither makes the contract in the course of a business nor holds himself out as doing so; and

(b) the other party does make the contract in the course of a business; and

(c) in the case of a contract governed by the law of sale of goods or hirepurchase, or by s 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.