Macdonald S Exemption Clauses And Unfair Terms
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Macdonald S Exemption Clauses And Unfair Terms
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Author : Mark Anderson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-29
Macdonald S Exemption Clauses And Unfair Terms written by Mark Anderson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-29 with Law categories.
An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, 'fundamental breach', etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the 'requirement for reasonableness' - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Macdonald S Exemption Clauses And Unfair Terms
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Author : Mark Anderson
language : en
Publisher:
Release Date : 2022
Macdonald S Exemption Clauses And Unfair Terms written by Mark Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Clauses (Law) categories.
"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 includes 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 Erzsébet Sustikné Gyo-fi [2009] ECR I-04713; Case C-168/05, Elisa María Mostaza Claro v Centro Móvil 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 interpretation 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."--
Exemption Clauses And Unfair Terms
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Author : Elizabeth J. Macdonald
language : en
Publisher: Bloomsbury Professional
Release Date : 1999
Exemption Clauses And Unfair Terms written by Elizabeth J. Macdonald and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.
Exemption Clauses And Unfair Terms
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Author : Elizabeth Macdonald (Professor of law)
language : en
Publisher: Butterworths
Release Date : 2004-12-03
Exemption Clauses And Unfair Terms written by Elizabeth Macdonald (Professor of law) and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-12-03 with Contracts categories.
Any contract is likely to have its fair share of exemption clauses and failure to 'read the small print' is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of 'unfair' terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book is the most up-to-date and authoritative text in this difficult area of law. It gives in-depth coverage to exemption clauses and unfair terms and is fully updated to incorporate the most up-to-date commentary on the market.
Koffman Macdonald S Law Of Contract
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Author : Elizabeth Macdonald
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Koffman Macdonald S Law Of Contract written by Elizabeth Macdonald and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
A clear and non-technical account of contract law, ideal for university students new to the study of law.
The Law Of Contract
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Author : Laurence Koffman
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-04-22
The Law Of Contract written by Laurence Koffman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-22 with Law categories.
The Law of Contract offers a clear, non-technical explanation of the principles of contract law combined with a focus on case summaries throughout. The book's strengths lie in the authors' highly praised explanation of the law, their ability to demystify difficult concepts without losing academic rigour, and use of case summaries, quotations, and analysis to explain the law of contract. The seventh edition has been fully updated to include discussion and summaries of key cases including: On certainty and completeness: Schweppe v Harper Forstater v Dweck and Another Bear Stearns Bank Plc v Forum Global Equity Ltd On intention to create legal relations: Wilson & Anr v Burnett New Testament Church of God v Stewart On Remedies: WWF - World Wide Fund for Nature v World Wrestling Federation Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) Online Resource Centre * Updates * Web links
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language : en
Publisher:
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written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Exclusion Clauses And Unfair Contract Terms
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Author : R. G. Lawson
language : en
Publisher: FT Law & Tax
Release Date : 1998
Exclusion Clauses And Unfair Contract Terms written by R. G. Lawson and has been published by FT Law & Tax this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Contract Law
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Author : George Applebey
language : en
Publisher:
Release Date : 2001
Contract Law written by George Applebey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This text outlines the basic principles and concepts of contract law and then applies them in greater detail in a contextual and practical manner. It aims to enable the reader to achieve an in-depth understanding of the key issues.
A Z Guide To Boilerplate And Commercial Clauses
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Author : Mark Anderson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-18
A Z Guide To Boilerplate And Commercial Clauses written by Mark Anderson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads