PART 1 U.K.Consumer contracts for goods, digital content and services

CHAPTER 2 U.K.Goods

Can a trader contract out of statutory rights and remedies under a goods contract? U.K.

32 [F1 Contracts applying law of a country other than the UK] U.K.

(1) If—

(a) the law of a country or territory other than [F2 the United Kingdom or any part of the United Kingdom] is chosen by the parties to be applicable to a sales contract, but

(b) the sales contract has a close connection with the United Kingdom,

this Chapter, except the provisions in subsection (2), applies despite that choice.

(2) The exceptions are—

(a) sections 11(4) and (5) and 12;

(b) sections 28 and 29;

(c) section 31(1)(d), (j) and (k).

(3) For cases where those provisions apply, or where the law applicable has not been chosen F3 ..., see Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [F4 as that Regulation has effect as [F5 assimilated direct] legislation (including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 and regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the case is one in respect of which Regulation (EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case see that Regulation as it has effect by virtue of that Article.]

Textual Amendments

F1 Words in s. 32 heading substituted (31.12.2020) by The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1326), regs. 1(3), 3(2)(a) (with reg. 11) (as amended by S.I. 2020/1347, regs. 1(3), 4(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 32(1)(a) substituted (31.12.2020) by The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1326), regs. 1(3), 3(2)(b) (with reg. 11) (as amended by S.I. 2020/1347, regs. 1(3), 4(8)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 32(3) omitted (31.12.2020) by virtue of The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1326), regs. 1(3), 3(2)(c) (with reg. 11) (as amended by S.I. 2020/1347, regs. 1(3), 4(8)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in s. 32(3) inserted by S.I. 2019/834, reg. 4A(2) (as inserted (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(6))

F5 Words in s. 32(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 84(2)(a)

Commencement Information

I1 S. 32 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))