Contract Law

Exclusion Clauses and Unfair Contract Terms, 10th Edition

By Dr Richard Lawson
Sweet & Maxwell U.K. April 2011

Specifications

ISBN-13
9780414045767
Publisher
Sweet & Maxwell U.K.
Publication
April 2011
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Exclusion Clauses and Unfair Contract Terms

  • Considers both how the courts have interpreted exclusion clauses and how Parliament have enacted a separate set of controls
  • Shows you how to draft exclusion clauses that are lawful, valid and effective
  • Deals with both commercial and consumer style contracts
  • Examines the void and ineffective exclusion clauses
  • Provides a list of bullets at the end of each chapter to summarise key point

 


NEW FOR THE 2011 EDITION

  • New and important rulings on the application of the Interfoto case and greater explanation of contract terms which can be considered unusual or unfair
  • Guidance on the steps to be taken when drawing a contracting party’s attention to an onerous clause
  • Fresh help from the courts as to when and how exclusion clauses are successfully incorporated into a contract
  • Further statutory provisions as to when exclusion clauses are ineffective in relation to specific categories of contract
  • Illustrative case law as to the meaning of “allowing a performance substantially different from that which was reasonably expected”
  • Specific and detailed guidelines from the courts on how to determine if a clause is reasonable under the 1977 Act
  • Case law on what is meant by “international supply contract”
  • Developments in the understanding of “individually negotiated” for the purpose of the 1999 Regulations and fresh guidance on when a term is fair
  • Major rulings on the concept of a “core provision”, not least full consideration of the Supreme Court ruling in the Abbey National case

 

Table of Contents

Part 1: Judicial Control

1. Incorporation of Exclusion Clauses
2. Interpretation of Exclusion Clauses
3. Avoidance and Qualification of Exclusion Clauses
4. Harsh and Unconscionable Bargains

Part 2: Legislative Control

5. Unlawful Exclusion Clauses
6. Void and Authorised Exclusion Clauses
7. The Unfair Contract Terms Act 1977: Some Preliminary Points
8. The Unfair Contract Terms Act 1977: Areas of Application
9. The Reasonableness Test
10. The Unfair Terms in Consumer Contracts Regulations
11. A Checklist

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