Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract.
Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy.
The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.
The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.
NEW TO THIS EDITION:
• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void
• A revised account of the changes to the Unfair Contract Terms Act effected by the Consumer Rights Act, and what has consequently happened to the consumer provisions of the former
• Fresh guidance on how to understand the notion of “written standard terms” (African Export Import Bank v Shebah; the University of Wales case)
• Guidance on the meaning of “substantially different from that which was reasonably expected” (Hodges v Aegis Defence Services Ltd )
• Further case law on the application of the reasonableness test under the Unfair Contract Terms Act (Sears v Minco; St Gobain v Hillmead; and the Goodlife case)
• Developments as to who is a “consumer” for the purposes of the Consumer Rights Act (Harvey v Dunbar Assets plc; Kinloch v Coral Racing Ltd)
• New case law on the exclusion of mandatory terms from the fairness test (Roundlistic v Jones) and on what ‘causes’ a significant imbalance on a contract term (the Roundlistic case)
• Supreme Court guidance on how to judge the unfairness of a term in a consumer contract (ParkingEye v Beavis)