Exclusion Clauses and Unfair Contract Terms, 10th Edition

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