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, it 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, 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.
New to this edition:
- Developments as to the incorporation, interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB; Goodlife v Hall Fire) and how the doctrine of allocating risks operates in this context (Transocean Drilling UK Ltd v Providence Resources plc)
- What counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
- 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)
- Further case law on the application of the reasonableness test under the Unfair Contract Terms Act and the fairness test under the Consumer Rights Act (Sears v Minco; St Gobain v Hillmead; the Goodlife case; and ParkingEye v Beavis)
- 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)