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Unfair Contract Terms Act 1977

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This is the original version (as it was originally enacted).

12" Dealing as consumer "

(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 hire-purchase, or by section 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.

(2)But on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as dealing as consumer.

(3)Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.

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