Macdonald's Exemption Clauses and Unfair Terms

Description

An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, 'fundamental breach', etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the 'requirement for reasonableness' - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kasler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967

Mark Anderson is Managing Partner of Anderson Law LLP and is ranked in Chambers and Partners as a leading UK lawyer. He is a visiting professor at the Institute of Brand and Innovation Law, University College London. He has over 35 years' experience of drafting, negotiating, and advising on commercial contracts. Most of his clients are technology-based companies and universities based in the UK, Continental Europe, and the United States. Victor Warner is a solicitor with Anderson Law LLP, specialising in intellectual property and technology law. He is the lead author of several legal works written by Anderson Law, including Technology Transfer (4th Edn), A-Z Guide to Boilerplate and Commercial Clauses (4th Ed), Drafting and Negotiating Commercial Contracts (4th Edn) (all published by Bloomsbury Professional), as well as several volumes of the Encyclopaedia of Forms and Precedents.

The most recent and up-to-date statement available on exemption clauses and unfair terms ... The work will be of terrific value to practitioners and advisers alike. * Elizabeth Robson Taylor MA and Phillip Taylor MBE, Richmond Green Chambers *