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
Kásler 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
This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Anderson, Mark: -
Mark Anderson is Managing Partner of Anderson Law LLP and is top-ranked as a leading individual in Chambers & Partners Directory UK 2022 for both life science transactions and intellectual property. He is a visiting professor at the Faculty of Laws, University College London, and a member of the Council of the Law Society of England and Wales, representing Business and Commercial Law. 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.
Together with other members of Anderson Law, Mark is the author of several legal textbooks, loose-leaf works and volumes of legal encyclopaedias in the areas of intellectual property and commercial law including A-Z Guide of Boilerplate and Commercial Clauses (4th Ed), Technology Law (4th Ed) and Macdonald's Exemption Clauses and Unfair Terms (3rd Ed) published by Bloomsbury Professional.
Woroner, Victor: - Victor Woroner is a solicitor at Anderson Law LLP specialising in intellectual property and technology law. He is the principal author of Technology Transfer (Bloomsbury Professional), several volumes of Encyclopaedia of Forms and Precedents, Drafting Confidentiality Agreements (Law Society) and the Execution of Documents (Law Society). He is also a co-author with Mark Anderson of A-Z Guide to Boilerplate and Commercial Clauses (Bloomsbury Professional), a companion volume to Drafting and Negotiating Commercial Contracts, and Macdonald's Exemption Clauses and Unfair Terms (3rd Ed).
