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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Exclusion Clauses and Unfair Contract Terms (Hardcover, 13th edition)
Loot Price: R11,263
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Exclusion Clauses and Unfair Contract Terms (Hardcover, 13th edition)
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Exclusion Clauses and Unfair Contract Terms examines, in a
detailed, practical, and incisive manner, this important area of
contract law. It provides guidance to the practitioner on drafting
and using exclusion clauses effectively within the formative phase
of a contract. Additionally, it offers commentary on the
possibility of challenging an exclusion clause. The text deals with
exclusion clauses and unfair contract terms in the context of both
commercial and consumer contracts, considering the legal tests
which are applied to determine whether the exclusion clause has
been successfully incorporated, how it should be interpreted, and
the extent to which it might be invalidated at Common Law and under
statute. Key features: 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 Deals
with exclusion clauses and unfair contract terms in the context of
both commercial and consumer contracts Provides wholesale review of
the recent case law Analyses the courts' interpretation of the
meaning of "written standard terms" under the Unfair Contract terms
Act. Discusses how the courts are adjusting the process of
construing exclusion clauses so as to harmonise this topic with the
general principles of interpreting written contracts. Considers in
detail the impact of the Consumer Rights Act 2015. New to this
edition: This title has been fully revised and updated by Professor
Neil Andrews to take account of important case law developments of
the last five years. Chapter 1 on incorporation extensively revised
in light of Goodlife Foods v Hall Fire Protection Ltd (2018) New
Chapter 2, concerned with exclusion clauses which are intended to
protect third parties. (under the Contracts (Rights of Third
Parties) Act 1999 or by use of a "Himalaya" clause). Chapter 3
fully revised to consider recent case law reflecting current
approach to interpreting exclusion clauses New Chapter 4 which
examines the important topic of liability for misrepresentation and
exclusion clauses. Chapter 6 contains a detailed examination and
critique of African Export-Import Bank v Shebah Exploration and
Production Co Ltd (2017), where the Court of Appeal provided
guidance on the crucial phrase "written standard terms of
business". Chapter 7 contains detailed examination of Goodlife
Foods v Hall Fire Protection Ltd (2018) case's the application of
the statutory reasonableness test in a business-to-business context
in Goodlife Foods v Hall Fire Protection Ltd (2018). In Chapter 8,
concerning unfair terms in consumer contracts, the following case
law is given new or fresh discussion: Roundlistic Ltd v Jones
(2018), Casehub Ltd v Wolf Cola Ltd (2017), Higgins & Co
Lawyers Ltd v Evans (2019), Parking Eye Ltd v Beavis (2015).
Chapter 9 is another new chapter dealing with liquidated damages
clauses. Such a clause simultaneously fixes the minimum and maximum
level of compensation. Where the clause prescribes a level of
liability which is much less than the innocent party's actual loss,
the clause operates functionally to restrict liability. This aspect
has been noted by Lords Leggatt and Burrows in Triple Point
Technology Inc v PTT Public Co Ltd (2021) (at [74], "such a clause
limits the contractor's exposure to liability of an otherwise
unknown and open-ended kind").
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