Consumer Credit Act 1974: Key legislation for loans, applicable if the loan exceeds £140,000 or includes interest. Governs agreement form, content, and includes cooling-off periods and cancellation rights.
Limitation Act 1980: Establishes time limits for bringing claims - 6 years for simple contracts and 12 years for contracts executed as deeds. Critical for enforcement provisions.
Law of Property Act 1925: Essential legislation when the loan is secured against property. Specifies requirements for creating legal charges.
Financial Services and Markets Act 2000: Ensures compliance with financial regulations while considering exemptions for family arrangements to avoid falling within regulated activities.
Contracts (Rights of Third Parties) Act 1999: Addresses the rights of third parties in contract law. Relevant when other family members are involved and whether to explicitly exclude third party rights.
Common Law Principles: Fundamental legal principles including capacity to contract, intention to create legal relations, consideration, and certainty of terms. Particularly important in family contexts.
Unfair Contract Terms Act 1977: Legislation governing fairness in contract terms. Though less prominent in family contexts, still relevant for ensuring fair terms.
Equality Act 2010: Ensures the agreement doesn't contain discriminatory terms and complies with equality legislation.
