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Contract & Commercial Law Act - what you need to know

Mark Campbell 2017 Dominic Rowe 2017
Mark Campbell
Russell McVeagh
Dominic Rowe
Russell McVeagh

This book is only available in PDF format

Authors: Mark Campbell, Dominic Rowe
Published: 31 October 2017
Pages: 33

The Contract and Commercial Law Act 2017 (CCLA or Act) came into force on 1 September 2017. It repealed and consolidated a number of commercial statutes, with a view to producing a modern, accessible statute. It is not intended to make substantive changes to the law, but is a significant reorganisation of some key, and some obscure, commercial and contractual legislation. It is important to note that it does not consolidate all commercial statutes and that a number of important statutes continue to exist as separate enactments, including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

This paper provides an overview of the CCLA, including thoughts on transitional steps and potential fish hooks, before reviewing the key features of the re-enacted legislation.

Structure of paper:

  • Part One sets out a brief background to the legislative history of the CCLA, including the reasons for consolidation. It then discusses the practicalities of transitioning to this new Act, including key points for practitioners to note when updating or amending their standard terms and conditions.
  • Part Two considers the key parts and subparts of the CCLA, setting out the key purpose and effect of each.
  • Appendix 1 sets out schedule 2 of the CCLA, setting out the minor amendments made to clarify Parliament’s intent or reconcile inconsistencies; and
  • Appendix 2 sets out schedule 3 of the CCLA, a comparative table which shows the previous statutory references and the corresponding new references in the CCLA.

Content outline

  • What is the CCLA?
  • Analysis of the CCLA
    • Part 2, Subpart 1 – Contractual Privity (Formerly The Contracts (Privity) Act 1982) 
    • Part 2, Subpart 2 – Contractual Mistakes (Formerly The Contractual Mistakes Act 1977) 7
    • Part 2, Subpart 3: Contractual Remedies (Formerly The Contractual Remedies Act 1979) 
    • Part 2, Subpart 4 – Frustrated Contracts (Formerly The Frustrated Contracts Act 1944)11
    • Part 2, Subpart 5 – Illegal Contracts (Formerly The Illegal Contracts Act 1970) 
    • Part 2, Subpart 6 – Minors’ Contracts (Formerly The Minors’ Contracts Act 1969)
    • Part 3 Sale Of Goods (Previously The Sale Of Goods Act 1908) 
    • Part 3, Subpart 7 – United Nations Convention On Contracts For The International Sale Of Goods (Previously The Sale Of Goods (United Nations Convention) Act 1994)
    • Part 4 – Electronic Transactions (Formerly The Electronic Transactions Act 2002)
    • Part 5, Subpart 1 – Carriage Of Goods (Formerly The Carriage Of Goods Act 1979)
    • Part 5, Subparts 2, 3 And 4 – Mercantile Agents And Bills Of Lading (Formerly The Mercantile Law Act 1908 (Other Than Part 5)) 
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