Exclusion Clauses and Unfair Contract Terms, 14th Edition | 2025*

Exclusion Clauses and Unfair Contract Terms, 14th Edition | 2025

Exclusion Clauses and Unfair Contract Terms offers a thorough, practical, and insightful analysis of a key area in contract law. It serves as a valuable resource for practitioners, offering clear guidance on how to effectively draft and implement exclusion clauses during the contract formation process, as well as on the legal grounds for challenging their enforceability. The book addresses exclusion clauses and unfair terms in both commercial and consumer contexts, covering the legal standards used to assess incorporation, interpretation, and potential invalidity under common law and statutory provisions.

Key Highlights of Exclusion Clauses and Unfair Contract Terms, 14th Edition:

• Explores how courts regulate exclusion clauses and how legislation imposes limits on their use

• Identifies unlawful, void, or unenforceable clauses and explains why they fail

• Offers practical guidance on drafting exclusion clauses that are legally compliant and enforceable

• Covers both business-to-business and business-to-consumer contracts

• Includes a comprehensive review of recent case law developments

• Examines judicial interpretation of “written standard terms” under the Unfair Contract Terms Act

• Discusses the evolving judicial approach to interpreting exclusion clauses, aligning it with broader principles of contractual interpretation

New in This Edition:

• Sixty new cases have been incorporated into the text

• The book now includes analysis of the Digital Markets, Competition and Consumers Act 2024, particularly its implications for contract law (see Chapter 11), reflecting rapid developments in this area

• A new chapter on force majeure clauses has been introduced (Chapter 8)

• The discussion on unfair consumer contract terms has been streamlined and is now fully addressed in a single, dedicated chapter (Chapter 11)

• Chapter 3 offers a detailed review of the principles of contract interpretation, divided into two sections:

  • General principles, which apply across all forms of written agreements and contractual clauses

  • Special principles (see Section 2 of Chapter 3), which stem from common law efforts to soften overly harsh drafting or to favor the innocent party when faced with ambiguous exclusion clauses

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