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Case Details

Case Details
National ID [2005] EWCA Civ 973
Member State United Kingdom
Common Name Bryen & Langley Ltd v Boston
Decision type Other
Decision date 29/07/2005
Court Court of Appeal Civil Division
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1.

Unfair terms - construction contract - standard form contract
Boston was a consumer who had contracted with B&L for some building work. Boston had the advice of a surveyor, who had also helped with the tendering and contracting process. In particular, the JCT Standard Form Contract had been selected as the basis for the contract. This included an Adjudication Clause, which was subsequently challenged
The court had to consider whether the clause would be unfair. It observed that a two-stage test applied: (i) was there a significant imbalance and (ii) was this contrary to good faith? As the House of Lords had given “good faith” a procedural and substantive meaning. With regard to the procedural aspect, it was noted that in this case, the relevant term had not been imposed on Boston; rather, the consumer’s agent (the surveyor) had effectively imposed the term on the supplier. There was no absence of fair dealing or good faith in the conclusion of the contract, and consequently, the term could not be unfair.
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