A clause that clears the common law hurdles of incorporation and construction can still be struck down by statute, so this final layer of control often decides the outcome. The chapter opens by separating the two regimes and the contracts each governs, then works through UCTA 1977: the sequential steps that determine when it applies, the clauses it renders void outright, those it subjects to the reasonableness test, and how that test is applied, assessed in time and proved. It then turns to the CRA 2015 — who counts as a consumer, the exclusions that are absolutely banned, the general unfairness test under s 62 and the Schedule 2 grey list, and the narrow exemption shielding core price and subject matter terms from fairness review. It closes with how ambiguous consumer terms are interpreted, the court's own duty to consider fairness, and what becomes of an unfair term and the contract around it.
