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Macdonald's Exemption Clauses and Unfair Terms
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Macdonald's Exemption Clauses and Unfair Terms (Hardback)

Pre-order for despatch on publication.


An exemption clause is an agreement in a contract that stipulates that a party is limited or excluded from liability.

A term is unfair if:

- it's contrary to good faith

- it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer.

Exemption clauses and unfair terms can be used unfairly and, sometimes, disadvantage a party and their use is regulated. The two main pieces of legislation regulating their use are:

1. The Unfair Terms Act 1977 which now only applies to liability arising in the course of a business and in relation to liability arising towards other businesses; and

2. The Consumer Rights Act 2015 consolidates the provisions that previously applied to consumers under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

Macdonald's Exemption Clauses and Unfair Terms is 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 will include 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 Erzsebet Sustikne Gyo?fi [2009] ECR I-04713; Case C-168/05, Elisa Maria Mostaza Claro v Centro Movil 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 interpretatipon 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

LawLaws of Specific jurisdictionsCompany, commercial & competition lawCommercial lawLawLaws of Specific jurisdictionsCompany, commercial & competition lawContract law Publisher: Bloomsbury Publishing PLC Publication Date: 12/11/2020 ISBN-13: 9781526503718  Details: Type: Hardback Format: Books
Availability: Pre-order for despatch on publication. Pre-Order

Mark Anderson is Managing Partner of Anderson Law LLP and is ranked as a leading individual in Chambers & Partners Directory UK 2016. He has over 30 years' experience of drafting, negotiating and advising on commercial contracts. He is a visiting professor at the Faculty of Laws, University College London and chairman of the Law Society's Intellectual Property Law Committee. Victor Warner is a solicitor at Anderson Law LLP specialising in intellectual property and technology law. He is the principal author of several legal textbooks and loose-leaf works produced by Anderson Law, including Drafting and Negotiating Commercial Contracts (4th Ed), A-Z Guide to Boilerplate and Commercial Clauses (4th Ed) and Technology Law (3rd Ed) all published by Bloomsbury Professional.

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