Exclusion Clauses and Unfair Contract Terms

This book analyses the main principles contained in the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999, and shows how the law impacts on both drafting and challenging exclusion clauses. The text has been enhanced and brought fully up to date since publication of the last edition and includes:- - an explanation of the new criminal offences in relation to contract terms, created by the Consumer Protection Against Unfair Trading Regulations 2008; - the impact of the Consumers, Estate Agents and Redress Act 2007, which gives bodies, such as the National Consumer Council, the power to hear complaints; - and a discussion on the fairness of bank charges with reference to relevant case law, including the action brought by the Office of Fair Trading. It also covers the new criminal offences created in relation to contract terms, brought about by the Consumer Protection Against Unfair Trading Regulations 2008, as well as the impact of the Consumers, Estate Agents and Redress Act 2007. Covering both commercial and consumer contracts, this popular book shows practitioners how to draft exclusions clauses that are lawful, valid and effective. It assesses the Reasonableness Test with reference to huge amount of case law on the subject since the last edition, and looks at unlawful, void and ineffective exclusion clauses. A list of bullet points is provided at the end of each chapter, summarising the key points discussed, and a number of sample exclusion clauses are given at the end of relevant chapters.