The CCLA also revokes the Electronic Transactions Regulations 2003 and repeals sections from other Acts. For example, the Mercantile Law Act 1908 is repealed other than Part 5 (unpaid vendors of warehoused goods). The CCLA sets out the repealed Acts in four parts:
1. contracts legislation; 2. sale of goods; 3. electronic transactions; and 4. other commercial matters.You can view the full CCLA here.
You should review your standard terms and conditions and template contracts and documents to ensure any references to the affected legislation are amended to reflect the CCLA’s introduction.
If you use standard form consumer contracts, and you have not already reviewed these, we recommend you undertake an unfair contract terms review at the same time to ensure your contracts comply with the recent changes made to the Fair Trading Act 1986. Please refer to our earlier articles here for further information on the unfair contract term provisions.
It is good practice to review and update your standard terms on a regular basis anyway so this is a timely opportunity.
If you have any questions or need assistance reviewing your contracts, please contact one of the key contacts listed above.
Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.
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