Unfair Contract Terms - Include in prelim?

[thecornflake]

I'm currently writing my prelim and I was wondering what effect would be had by including reference to the Unfair Contract Terms Act (1977)?

 

I know a couple of people have used this to try and remove the charges from their 'contracts', i.e. T&Cs.

 

A brief excerpt -

 

4 Unreasonable indemnity clauses

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question—

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

I was thinking of mentioning this as an additional law covering why I shouldn't have paid charges in the first place, as well as the standard ones mentioned in the template.

[thecornflake]

Bumping this just once, as I intend to send the prelim in the next couple of days and if I'm not 100% sure about this point of law I'll leave it out.