Guidance

Unfair contract terms guidance: OFT311

Why the CMA considers that certain kinds of standard terms used in contracts with consumers have the potential for unfairness.

• From: Competition and Markets Authority
• Published: 1 September 2008
• Last updated: 21 July 2014 — See all updates

This publication was withdrawn on 10 February 2017

This guidance has been replaced by Unfair contract terms: CMA37

Documents

Unfair contract terms guidance

Ref: OFT311

PDF, 281 KB, 88 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email general.enquiries@cma.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Unfair contract terms guidance - Annexes

Ref: OFT311annexes

PDF, 771 KB, 159 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email general.enquiries@cma.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Details

This guidance was originally published by the Office of Fair Trading (OFT) and has been adopted by the CMA Board. The original text has been retained un-amended, therefore it does not reflect or take account of developments in case law, legislation or practice since its original publication.

Due to a change in the law, this guidance will be replaced on 1 October 2015 with ‘Unfair contract terms: CMA37’.

Please also note:

• all references must be read in the light of Consumer Protection: Guidance on the CMA’s approach to use of its consumer powers (CMA7); in the case of conflict, CMA7 prevails
• references to the OFT or the Competition Commission (CC) (except where referring to specific past OFT or CC practice or case law) should be read as referring to the CMA
• references to articles of the EC Treaty should be read as referring to the equivalent articles of the Treaty on the Functioning of the European Union
• certain OFT or CC departments, teams or individual roles may not be replicated in the CMA, or may have been renamed; the CMA’s structure is set out in our organisation chart
• do not use any contact details quoted; please go to the home page for details on how to contact the CMA

For related materials, visit the Unfair contract terms: materials for businesses page.

Published 1 September 2008
Last updated 21 July 2014 + show all updates

1. 21 July 2014

   Supporting annexe has been added alongside the guidance document.

2. 5 June 2014

   Included link to 'Unfair contract terms: materials for businesses' page.

3. 1 September 2008

   First published.