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CONSUMER CONTRACTS ACT
DISTRIBUTED BY VERITAS
VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION,
BUT CANNOT TAKE LEGAL RESPONSIBILITY FOR INFORMATION SUPPLIED.
CHAPTER 8:03
CONSUMER CONTRACTS ACT
Act 6/1994.
AN ACT to provide relief to parties to consumer contracts where the contracts are unfair or contain unfair provisions or where the exercise or non-exercise of a power, right or discretion under such a contract is or would be unfair;
and to provide for matters connected therewith or incidental thereto.
[Date of commencement: 24th June, 1994.]
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Short title
This Act may be cited as the Consumer Contracts Act
[Chapter 8:03].
(vi) annulling the exercise of any power, right or
discretion under the consumer contract or directing that any such power, right or discretion
should be exercised in a particular way;
and any such order may be made subject to such conditions
as the court may fix.
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Interpretation
In this Act—
“consumer contract” means a contract for the sale or
supply of goods or services or both, in which the seller or
supplier is dealing in the course of business and the purchaser or user is not, but does not include—
(a) a contract for the sale, letting or hire of immovable
property; or
(b) a contract of employment;
“Minister” means the Minister of Industry and Commerce or any other Minister to whom the President may,
from time to time, assign the administration of this Act;
“scheduled provision” means a contractual provision
specified in the Schedule.
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Application of Act
Subject to paragraph (b) of subsection (3) of section four,
this Act shall apply in relation to consumer contracts whether
concluded before, on or after the 24th June, 1994:
Provided that this Act shall not apply in relation to a consumer contract concluded before the 24th June, 1994, where
performance under the contract has been completed in
accordance with the contract by all the parties thereto.
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Relief against unfair consumer contracts
(1) Subject to subsection (3), if a court is satisfied—
(a) in accordance with section five, that any consumer
contract is unfair; or
(b) in accordance with section six, that any actual or
reasonably anticipated exercise or non-exercise of a
power, right or discretion under a consumer contract
is or would be unfair; or
(c) that any consumer contract contains a scheduled
provision;
the court may make an order granting any one or more of the
following forms of relief—
(i) cancelling the whole or any part of the consumer
contract; or
(ii) varying the consumer contract; or
(iii) enforcing part only of the consumer contract; or
(iv) declaring the consumer contract to be enforceable for a particular purpose only; or
(v) ordering restitution or awarding compensation
to a party or reducing any amount payable under the consumer contract; or
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[Chapter 8:03]