The Contracts and Commercial Law Act 2017

The Contracts and Commercial Law Act 2017 (“CCLA”) re-enacts 11 old statutes (set out below) in an up-to-date and accessible form. Schedule 3 of the CCLA provides a helpful guide to determine where provisions of the old statutes are dealt with in the CLLA.

How does this affect your existing contracts?

References to the old statutes in contracts entered into before 1 September 2017 will generally be deemed to be references to the CCLA or the relevant provisions in it. But this merely a cosmetic change. The legal effect will remain the same.

While some provisions of the CCLA do contain minor changes in legal effect, those provisions only apply to contracts entered into after 1 September 2017. For earlier contracts, the law in the old statutes will apply. Schedule 2 of the CCLA contains a list of provisions that are subject to minor changes in legal effect and therefore do not apply to your existing contracts.

The old statutes are: the Carriage of Goods Act 1979; the Contracts (Privity) Act 1982; the Contractual Mistakes Act 1977; the Contractual Remedies Act 1979; the Electronic Transactions Act 2002; the Frustrated Contracts Act 1944; the Illegal Contracts Act 1970; the Mercantile Law Act 1908 (other than Part 5); the Minors’ Contracts Act 1969; the Sale of Goods Act 1908; and the Sale of Goods (United Nations Convention) Act 1994.

To find out more, contact our Business Team.