When the very legislation that prescribes clarity is unclear, then how can people comply with it?
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force in the UK on 13 June 2014.
All traders must give clear information up-front, before a consumer can be bound by a contract.
The information, set out in the Schedules, varies according to the type of contract. The basic distinction is whether the contract is made on or off the trader’s premises.
For ALL contracts, the Regulations state that traders must provide information to consumers ‘in a clear and comprehensible manner‘. This wording comes straight out of the EU Consumer Rights Directive (2011/83/EU).
Why not just ‘clearly’, or, if more words are preferred, ‘in a clear way’?
How can traders be expected to provide clear information when the legislators requiring it are not writing clearly themselves?
There appears to be a fundamental misunderstanding about how to provide clear legal content.
Checklists published by the European Commission do not appear to be helping. Lawyers need not only to understand legal concepts but to acquire techniques of communicating them clearly.
The Regulations only cover pre-contract information. What about the contracts?
How much time and money is wasted in litigation because the wording of contracts is not clear?