Exclusion Clauses & Unfair Contract Terms

Whether you're dealing with business or consumer contracts, the likelihood is that you will regularly encounter exclusion clauses. With the new 9th edition of Exclusion Clauses and Unfair Contract Terms you can be sure that when you do, you have all the relevant information available to take on these clauses successfully.

* Considers both how the courts have interpreted exclusion clauses and how Parliament have enacted a separate set of controls
* Shows you how to draft exclusion clauses that are lawful, valid and effective
* Deals with both commercial and consumer style contracts
* Examines void and ineffective exclusion clauses
* Looks at illegal exclusion clauses
* Assesses the Reasonableness Test with reference to a large amount of case law
* Evaluates the fairness test and how this has developed in recent case law
* Analyses the main principles contained in the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999
* Covers the Sale and Supply of Goods to Consumers Regulations 2002 and the 'stop now' provisions of the Enterprise Act 2002
* Provides a list of bullets at the end of each chapter to summarise the key points

New for the 9th edition
* Explanation of the new criminal offences created by the Consumer Protection Against Unfair Trading Regulations 2008
* Discussion of the fairness of bank charges with reference to relevant case law, including the action brought by the Office of Fair Trading
* Further insight into when disputed terms are fair and reasonable
* Examination of how various sectors of business are treated when the test of reasonableness is in issue
* Consideration of further case law on what counts as an onerous or unusual term
* A list of bullet points at the end of each chapter, summarising the key points discussed
* Analysis of over 30 new cases

Contents:
JUDICIAL CONTROL
Incorporation of exclusion clauses.
Interpretation of exclusion clauses.
Avoidance and qualification of exclusion clauses.
Harsh and unconscionable bargains
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