Home > Commercial Law > Exclusion Clauses and Unfair Contract Terms
EMAIL THIS PAGE TO A FRIEND
Email Page to a Colleague
(* Denotes required field)
* Colleague’s email address
 
 
* Your email address
 
 
* Subject
 
Message
The selected product information will be included in the email.
The email addresses you provide will not be used for any other purpose. You can view a detailed privacy statement here.
Your email has been sent.

Exclusion Clauses and Unfair Contract Terms

Exclusion Clauses and Unfair Contract Terms
13th Edition
Practice Area:  Commercial Law, Contract Law
ISBN:  9780414110922
Published by:  Sweet & Maxwell
Publication Date:  13 Dec 2022
Format:  eBook - ProView
Click to read more about Thomson Reuters ProView
PRODUCT INCLUDES:
eBook - ProView
BUY NOW
£310.00
TOTAL:
Enter a promotion code if you have one. Note: discount applied at Checkout Review Section
Promotion code:

PRODUCT DESCRIPTION

Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of  challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute.

Key features:
  • Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation
  • Examines unlawful, void and ineffective exclusion clauses
  • Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective
  • Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts
  • Provides wholesale review of the recent case law 
  • Analyses the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract terms Act.
  • Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts.
  • Considers in detail the impact of the Consumer Rights Act 2015.
New to this edition:

This title has been fully revised and updated by Professor Neil Andrews to take account of important case law developments of the last five years. 
  • Chapter 1 on incorporation extensively revised in light of Goodlife Foods v Hall Fire Protection Ltd (2018) 
  • New Chapter 2, concerned with exclusion clauses which are intended to protect third parties. (under the Contracts (Rights of Third Parties) Act 1999 or by use of a “Himalaya” clause).
  • Chapter 3 fully revised  to consider recent case law reflecting current approach to interpreting exclusion clauses 
  • New Chapter 4 which examines the important topic of liability for misrepresentation and exclusion clauses. 
  • Chapter 6 contains a detailed examination and critique of African Export-Import Bank v Shebah Exploration and Production Co Ltd (2017), where the Court of Appeal provided guidance on the crucial phrase “written standard terms of business”. 
  • Chapter 7 contains detailed examination of Goodlife Foods v Hall Fire Protection Ltd (2018) case’s the application of the statutory reasonableness test in a business-to-business context in Goodlife Foods v Hall Fire Protection Ltd (2018). 
  • In Chapter 8, concerning unfair terms in consumer contracts, the following case law is given new or fresh discussion: Roundlistic Ltd v Jones (2018), Casehub Ltd v Wolf Cola Ltd (2017), Higgins & Co Lawyers Ltd v Evans (2019), Parking Eye Ltd v Beavis (2015).
  • Chapter 9 is another new chapter dealing with liquidated damages clauses. Such a clause simultaneously fixes the minimum and maximum level of compensation. Where the clause prescribes a level of liability which is much less than the innocent party’s actual loss, the clause operates functionally to restrict  liability. This aspect has been noted by Lords Leggatt and Burrows in Triple Point Technology Inc v PTT Public Co Ltd (2021) (at [74], “such a clause limits the contractor’s exposure to liability of an otherwise unknown and open-ended kind”). 


If you’re interested in firmwide or multiple user access to this title on Proview then please contact us directly to discuss what options are available.

AVAILABLE ONLINE

Thomson Reuters Westlaw UKCLEAR. CLEVER. CONCISE

This title is also available on Westlaw UK, so that you can access it anywhere, anytime.

Having online access to the books you trust through Westlaw UK can add a whole new dimension to how you work with the commentary and guidance found across the breadth of our titles.

Westlaw UK's smart navigation, links to primary law in combination with the expertise within our portfolio of books providing you with a seamless, coherent, and integrated research experience every time you need to refer to the text.

Having access to your book through Westlaw means:

Enhanced contents pages

  • Find what you’re looking for with ease, with content displayed clearly in easy-to-read tables
  • Print, download or email entire chapters or sections using tick boxes by content sets
  • Choose the way you view content sets with collapsible and expandable sections

Firm-wide availability

  • Everyone has access, at all times

Links to primary law

  • Jump directly to the authority you need with links to cases, legislation and journals

You can print/download/email

  • Print, download and email your documents quickly, for use offline or to share with colleague

Access chapter PDFs

  • Download chapters as they appear in print, ready for presentation in court

Supplement PDFs

  • Download whole supplements to a main edition in PDF, ready for court

PDF supplement navigation

  • Browse PDFs with ease using navigational aids and links within the document

A-Z indexing

  • Browse directly to the letter you wish to search, without having to navigate long documents

Tables

  • View tables of cases and legislation referred to it the text sorted alphabetically, and link directly to them

Pop-up footnotes

  • View footnotes alongside the text and avoid the need to refer to the end of documents

Call 0345 600 9355 or contact us to find out more.

back to top
Must Haves