Subjects:

Contract Law

Contents:

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 Ineffective 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.

There is no CD-ROM with the 8th edition
Exclusion Clauses and Unfair Contract Terms helps you to draft lawful, valid and effective exclusion clauses for both commercial and consumer contracts. It will help you advise clients who are agreeing new contracts. There's also plenty of guidance on contract dispute resolution.

Help with drafting and disputes
Using the work you’ll be able to draft exclusion clauses that are in line with the courts’ interpretation of the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and controls introduced by Parliament.

The new 8th edition shows how recent case law can affect drafting and the action taken against exclusion clauses. By using the latest edition you’ll ensure you base your clauses and arguments on the most relevant and recent developments.

Know what to avoid
The work discusses unlawful, void and ineffective exclusion clauses, so you know what to steer clear of when drafting. By following the guidelines given you’ll be able to make sure the contracts you draft include all the right clauses, worded in a way that helps prevent misinterpretation at a later stage.

Know how to proceed
Exclusion Clauses and Unfair Contract Terms will help you resolve disputes over established contracts for your clients by showing you the cases which are relevant and explaining how the courts have interpreted the legislation. Guidance on the interpretation of exclusion clauses, unlawful, void and ineffective clauses will help you to shape your arguments.