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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook
This book is now Out of Print.
A new edition has been published, the details can be seen here:
Exemption Clauses and Unfair Terms 2nd ed isbn 9781845920678

Exemption Clauses, Penalty Clauses and Unfair Terms

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ISBN13: 9780406014481
ISBN: 0406014485
New Edition ISBN: 9781845920678
Published: December 1999
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: Out of print

Out Of Print
Any contract is likely to have its fair share of exemption clauses and failure to 'read the small print' is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of 'unfair' terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994).

These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book is the most up-to-date and authoritative text in this difficult area of law. It gives in-depth coverage to exemption clauses and unfair terms and includes commentary on the Unfair Terms in Consumer Regulations 1999.

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A. Introduction.
Scope of the book.
Incorporation of contract terms.
Construction - the general rules.
B. Exemption clauses.
The exemption clause.
Construction of exemption clauses.
The Unfair Contract Terms Act 1977.
Exemption clauses and imposed obligations.
Third parties and exemption clauses.
Section 3 of the Misrepresentation Act 1967.
The international context.
C. Penalty clauses.
Penalty clauses and forfeiture.
The deregulation of unfair terms.
The 1994 Regulations of Unfair Terms in Consumer Contracts.
Other legislative restrictions.