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(Steven Felgate) #1

102 Chapter 3The terms of the contract


Figure 3.10 shows how to decide whether or not a person deals as a consumer for the
purposes of UCTA 1977. Since the SGA 1979 uses the UCTA definition of dealing as a
consumer, the figure also applies to the SGA. We have already seen that s. 15A SGA applies
only where the buyer deals as a consumer. We have also seen that the new remedies in SGA
ss. 48A – 48F apply only where a buyer deals as a consumer.
A person deals on the other party’s written standard terms when the same written terms
are used whenever the business deals with this person or whenever it deals with customers
generally. Matters such as the price, and quantity may of course be different. Contracts to
hire tools or cars are usually made on standard terms, as are terms referred to on bus or
train tickets.

Figure 3.10Did the buyer deal as a consumer for purposes of UCTA and SGA?
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