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Exclusion Clauses and Unfair Contract Terms, 10th Edition

Exclusion Clauses and Unfair Contract Terms, 10th Edition

Author: Dr Richard Lawson
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414045767
Published In: April 2011
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

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

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