Exclusion Clauses and Unfair Contract Terms 12th ed 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, this esteemed work 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 that agreement coming into force and for which they are seeking a remedy.
- 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
- Includes sample exclusion clauses illustrating the points made and providing templates for practitioners
- Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts
- Provides wholesale review of the case law decided in the last three years and coverage of key decisions
- Analyses the courts’ interpretation of the meaning of ‘written standard terms’ under the Unfair Contract Terms Act
- Discusses how the courts are moving to the concept of ‘allocation of risk’ when it comes to interpreting exclusion clauses.
- Considers in detail the impact of the Consumer Rights Act 2015 as amended by the Consumer Rights (Enforcement and Amendments) Order 2016 on the Unfair Contract Terms Act
