Exclusion clauses and unfair contract terms
Author(s)
Bibliographic Information
Exclusion clauses and unfair contract terms
（The contract law library）
Sweet & Maxwell, 2014
11th ed
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
y Exclusion Clauses and Unfair Contract Terms 11th edition explains in a straight forward and practical manner how to draft exclusion clauses that are lawful, valid and effective. It deals with commercial and consumer contracts, examining unlawful, void and ineffective exclusion clauses, so practitioners know what to avoid when drafting, what to look out for when advising clients on contracts, and how to proceed with disputes. Ensures exclusion clauses are used accurately, based on the latest legislation and case law Deals in practical detail with the drafting process of both commercial and consumer contracts Reviews the Unfair Contract Terms Act 1977 and its ongoing interpretation in the courts Views in detail the implications of the Unfair Terms in Consumer Contracts Regulations (UTCCR) and the Office of Fair Trading's (OFT) available actions and powers in relation to exclusion clauses Provides full coverage of recent case law, much of which is unreported elsewhere, and explains how it affects contract drafting Summarises the key points in each chapter with easy to follow bullet points Includes sample exclusion clauses throughout the work, illustrating the points made and providing templates for practitioners
Table of Contents
Part 1: Judicial Control. Incorporation of Exclusion Clauses. Interpretation of Exclusion Clauses. Avoidance and Qualification of Exclusion Clauses. Harsh and Unconscionable Bargains. Part 2: Legislative Control. Unlawful Exclusion Clauses. Void and Authorised Exclusion Clauses. The Unfair Contract Terms Act 1977: Some Preliminary Points. The Unfair Contract Terms Act 1977: Areas of Application. The Reasonableness Test. The Unfair Terms in Consumer Contracts Regulations. A Checklist.
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