Exemption Clauses and Unfair Terms

Exemption Clauses and Unfair Terms PDF Author: Elizabeth J. Macdonald
Publisher: Bloomsbury Professional
ISBN:
Category : Law
Languages : en
Pages : 344

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Book Description
Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.

Exemption Clauses and Unfair Terms

Exemption Clauses and Unfair Terms PDF Author: Elizabeth J. Macdonald
Publisher: Bloomsbury Professional
ISBN:
Category : Law
Languages : en
Pages : 344

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Book Description
Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.

Macdonald's Exemption Clauses and Unfair Terms

Macdonald's Exemption Clauses and Unfair Terms PDF Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526503727
Category : Law
Languages : en
Pages : 545

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Book 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 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.

Exclusion Clauses and Unfair Contract Terms

Exclusion Clauses and Unfair Contract Terms PDF Author: R. G. Lawson
Publisher: Sweet & Maxwell
ISBN: 0414045769
Category : Law
Languages : en
Pages : 368

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Book Description
For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.

Exemption Clauses and Unfair Terms

Exemption Clauses and Unfair Terms PDF Author: Elizabeth Macdonald (Professor of law)
Publisher: Butterworths
ISBN: 9780406971432
Category : Contracts
Languages : en
Pages :

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Book Description
Any contract is likely to have its fair share of exemption clauses and failure to 'read the small print' is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of 'unfair' terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book is the most up-to-date and authoritative text in this difficult area of law. It gives in-depth coverage to exemption clauses and unfair terms and is fully updated to incorporate the most up-to-date commentary on the market.

Macdonald's Exemption Clauses and Unfair Terms

Macdonald's Exemption Clauses and Unfair Terms PDF Author: Mark Anderson
Publisher:
ISBN: 9781526503749
Category : Clauses (Law)
Languages : en
Pages : 400

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Book Description
"An expert analysis covering both the incorporation and construction of the key clauses and the relevant legislation. Fully revised and updated, the new third edition includes coverage of: - The changes brought about by the Consumer Rights Act 2015 with a comparison of the Unfair Terms in Consumer Contracts Regulations 1999. - Analysis and interpretation of case law which has considered the effect and interpretation of unfair terms since the 2nd edition such as: The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch); The Office of Fair Trading v Ashbourne Management Services Ltd and Others [2011] EWHC 1237 (Ch); Case C-243/08 Pannon GSM Zrt v Erzsébet Sustikné Gyo-fi [2009] ECR I-04713; Case C-168/05, Elisa María Mostaza Claro v Centro Móvil Milenium SL [2006] ECR I-10421 and the CMA analysis of these cases). - Analysis and interpretation of the significant amount of case law which has dealt with exemptions since the 2nd edition. - Analysis and interpretation of how the courts now interpret contract clauses after the decisions of the Supreme Court in Rainy Sky S. A. and others v Kookmin Bank [2011] UKSC 50 and Arnold v Britton [2015] UKSC 36."--

Exclusion Clauses

Exclusion Clauses PDF Author: R. G. Lawson
Publisher:
ISBN: 9780851215983
Category : Clauses (Law)
Languages : en
Pages : 200

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Book Description
A guide to the use of exclusion clauses in the light of the Unfair Contract Terms Act and the body of case law that has developed since 1983. It also discusses ways in which an exclusion clause can become a contractual term and how it is likely to be interpreted in court.

Exemption Clauses and Implied Obligations in Contracts

Exemption Clauses and Implied Obligations in Contracts PDF Author: John Livermore
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 336

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Book Description


Macdonald's Exemption Clauses and Unfair Terms

Macdonald's Exemption Clauses and Unfair Terms PDF Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526503735
Category : Law
Languages : en
Pages : 623

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Book 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 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.

Contract Law Made Simple

Contract Law Made Simple PDF Author: Vanessa M. Morgan
Publisher: AuthorHouse
ISBN: 1504905547
Category : Law
Languages : en
Pages : 86

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Book Description
Contract Law made simple is a small but comprehensive revision textbook written for students who are studying for a law degree, paralegals, A-level law students, and students studying business law. The book covers all the core topics in contract law and provides practical and helpful tips in preparing for examinations, method used to answer law examination questions, and revision of past examination papers. The author takes into the account the difficulties faced by most students in understanding law concept, and hence, Contract Law Made Simple assumes that the reader has no previous knowledge of contract law and is written in basic, clear, easily understandable language. Clear ordinary language is also used to explain legal terms and practical examples given to illustrate.

Contract Law

Contract Law PDF Author: Mary Charman
Publisher: Routledge
ISBN: 1134037945
Category : Law
Languages : en
Pages : 401

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Book Description
This textbook covers the Contract Law option of the new A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time. The book covers all A-level syllabuses/specification requirements, and is written by the principal examiner in Contract Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements. This fully updated fourth edition builds upon the success of the first three editions, with new case law (especially on offer and acceptance, legal intent, terms, exemption clauses and misrepresentation remedies) and coverage of new statute law (especially Unfair Terms in Consumer Contracts Regulations).