Exclusion Clauses and Unfair Contract Terms
Publisher: Sweet & Maxwell
Published: Mar 11, 2012
Language: eng
Number of pages: 340
ISBN-13: 9780414031012
Description: This work examines in a straightforward and practical manner this integral area of contract law. It also provides guidance for the Practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. *Offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client form an agreement which may have proven onerous post the agreement coming into force and for which they are seeking a remedy; *Takes into account changes affecting unfair terms proposed in the Consumer Rights Bill, examining what notices and contracts are covered, the fairness of contract terms and notices and how the rules will be enforced; *Key cases e.g. OFT v Lloyds Bank. Also OFT v Abbey National PLC which examines the concept of a {́OCLCbr#80}{OCLCbr#98}core provision{́OCLCbr#80}? within an exclusion clause; *Examines and puts in context how the law impacts both when drafting an exclusion clause and challenging an exclusion clause; *Shows how the law controls the use of exclusion clauses; *Demonstrates how the courts have considered and interpreted exclusion clauses, and what controls Parliament has introduced; *Looks in detail at the Unfair Contract Terms Act of 1977, and its ongoing interpretation in the courts up to the present day; *Discusses the implications of the Unfair Terms in Consumer Contracts regulations (UTCCR); *Looks at questionable clauses whether unlawful, void or ineffective, the method of their incorporation into a contract, and the means of their interpretation; *Analyses the Fairness test and how this has developed in recent cases; *Features sample clauses to help you when drafting contracts; *Shows just how those negotiating contracts can ensure that the contract is made on their terms and conditions; *Provides valuable guidance on how to draft exclusion clauses which can withstand challenge and how best to argue that a clause is invalid;

*Explains the key concept of a {́OCLCbr#80}{OCLCbr#9C}core provision{́OCLCbr#80}?; *Practitioners use it for research and reference when drafting exclusion clauses, and when seeking more understanding of this area in general terms; *Offers practical advice on the drafting process of both commercial and consumer contracts; *Looks at exclusion clauses in practical day to day contexts for the contract law practitioner; *Highlights the potential weaknesses in an Exclusion clause; * Gives easy to understand advice to consumer advisers and trade bodies.