Macdonald's Exemption Clauses and Unfair Terms PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Macdonald's Exemption Clauses and Unfair Terms PDF full book. Access full book title Macdonald's Exemption Clauses and Unfair Terms by Mark Anderson. Download full books in PDF and EPUB format.
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526503735
Category : Law
Languages : en
Pages : 623
Get Book Here
Book Description
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.
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526503735
Category : Law
Languages : en
Pages : 623
Get Book Here
Book Description
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.
Author: Elizabeth Macdonald
Publisher: Oxford University Press, USA
ISBN: 0199644837
Category : Law
Languages : en
Pages : 649
Get Book Here
Book Description
A clear and non-technical account of contract law, ideal for university students new to the study of law.
Author: Elizabeth J. Macdonald
Publisher: Bloomsbury Professional
ISBN:
Category : Law
Languages : en
Pages : 344
Get Book Here
Book Description
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.
Author: Jill Poole
Publisher: Oxford University Press, USA
ISBN: 0199687226
Category : Law
Languages : en
Pages : 683
Get Book Here
Book Description
This 12th edition provides a wide-ranging and straightforward exposition of contract law. The text opens with an overview of the main issues surrounding contract law which places the subject in its wider context, then goes on to give a clear explanation of all the major areas of contract law encountered on undergraduate courses.
Author: Malcolm Clarke
Publisher: Bloomsbury Publishing
ISBN: 1782250409
Category : Law
Languages : en
Pages : 338
Get Book Here
Book Description
To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.
Author: Chris Willett
Publisher: Routledge
ISBN: 1351937391
Category : Law
Languages : en
Pages : 465
Get Book Here
Book Description
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Author: Laurence Koffman
Publisher: Oxford University Press, USA
ISBN: 0199570205
Category : Language Arts & Disciplines
Languages : en
Pages : 711
Get Book Here
Book Description
This complete guide to all aspects of contract law gives a thorough explanation of the law, sharply focused commentary and an in-depth analysis of the case law.
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526503727
Category : Law
Languages : en
Pages : 545
Get Book Here
Book Description
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.
Author: Mark Anderson
Publisher:
ISBN: 9781526503749
Category : Clauses (Law)
Languages : en
Pages : 400
Get Book Here
Book Description
"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."--
Author: Lloyd's (Firm)
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 774
Get Book Here
Book Description
