Exclusion Clauses and Unfair Contract Terms, 13th ed | 2022


Exclusion Clauses and Unfair Contract Terms, 13th ed | 2022

Author Neil Andrews
Publication Date Dec 2022
ISBN 9780414110908
Hard Cover 
Publisher Sweet & Maxwell

Exclusion Clauses and Unfair Contract Terms" provides a thorough, practical, and insightful examination of this crucial aspect of contract law. It guides practitioners on the effective drafting and utilization of exclusion clauses during contract formation and offers insights on how such clauses can be challenged. The text covers exclusion clauses and unfair contract terms within both commercial and consumer contracts, evaluating the legal tests for incorporation, interpretation, and potential invalidation under Common Law and statutory provisions.

Key Features:

- Analyzes judicial control and legislative regulation of exclusion clauses.
- Examines invalid, void, and ineffective exclusion clauses.
- Offers straightforward, practical advice on drafting lawful, valid, and effective exclusion clauses.
- Discusses exclusion clauses and unfair contract terms in both commercial and consumer contexts.
- Reviews recent case law comprehensively.
- Analyzes court interpretations of “written standard terms” under the Unfair Contract Terms Act.
- Discusses harmonization of exclusion clause construction with general principles of contract interpretation.
- Considers the impact of the Consumer Rights Act 2015 in detail.

The text has been comprehensively revised and updated by Professor Neil Andrews, reflecting significant case law developments over the past five years:

Chapter 1: Extensively revised on incorporation in light of *Goodlife Foods v Hall Fire Protection Ltd* (2018).
- New Chapter 2: Focuses on exclusion clauses protecting third parties under the Contracts (Rights of Third Parties) Act 1999 or “Himalaya” clauses.
- Chapter 3: Updated to reflect the current approach to interpreting exclusion clauses.
- New Chapter 4: Explores liability for misrepresentation and exclusion clauses.
- Chapter 6: Offers a detailed examination and critique of *African Export-Import Bank v Shebah Exploration and Production Co Ltd* (2017), focusing on “written standard terms of business”.
- Chapter 7: Examines the statutory reasonableness test in business-to-business contexts, with a detailed review of *Goodlife Foods v Hall Fire Protection Ltd* (2018).
- Chapter 8: Discusses new and revisited case law on unfair terms in consumer contracts, including *Roundlistic Ltd v Jones* (2018), *Casehub Ltd v Wolf Cola Ltd* (2017), *Higgins & Co Lawyers Ltd v Evans* (2019), and *Parking Eye Ltd v Beavis* (2015).
- New Chapter 9: Addresses liquidated damages clauses, highlighting their function in limiting liability, as noted in *Triple Point Technology Inc v PTT Public Co Ltd* (2021).

Contents of Exclusion Clauses and Unfair Contract Terms, 13th ed:

1. Definitions and Incorporation
2. Exclusion Clauses protecting Third Parties
3. Interpretation and other Common Law Doctrines
4. Exclusion Clauses and Liability for Misrepresentation
5. The Unfair Contract Terms Act 1977: Some Preliminary Points
6. The Unfair Contract Terms Act: Areas of Application
7. The Reasonableness Test within the Unfair Contract Terms Act 1977
8. Unfair Terms in Consumer Contracts
9. Liquidated Damages
10. Void and Effective Exclusion Clauses
11. Unlawful Exclusion Clauses

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