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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Exclusion Clauses and Unfair Contract Terms 11th ed

ISBN13: 9780414031012
Previous Edition ISBN: 9780414045767
Published: September 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £174.00

In stock.

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 ‘core provision’ 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
  • Sets out which exclusion clauses are automatically null and void
  • Details all the major precedents (many of them unreported elsewhere) on the fairness and reasonableness of disputed terms
  • Explains the key concept of a “core provision”
  • 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

Contract Law, Commercial Law, Consumer Law
Judicial Control;

Incorporation of Exclusion Clauses
Interpretation of Exclusion Clauses
Avoidance and Qualification of Exclusion Clauses
Harsh and Unconscionable Bargains

Legislative Control;

Unlawful Exclusion Clauses
Void and Ineffective Exclusion Clauses
The Unfair Contract Terms Act 1977: Some Preliminary Points
The Unfair Contract Terms Act 1977: Areas of Application
The Reasonableness Test
The Unfair Terms in Consumer Contracts Regulations