Download or read book Macdonald s Exemption Clauses and Unfair Terms written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Macdonald s Exemption Clauses and Unfair Terms written by Mark Anderson and published by . This book was released on 2022 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Download or read book Exemption Clauses and Unfair Terms written by Elizabeth J. Macdonald and published by Bloomsbury Professional. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Macdonald s Exemption Clauses and Unfair Terms written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Exemption Clauses and Unfair Terms written by Elizabeth Macdonald (Professor of law) and published by Butterworths. This book was released on 2004-12-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Koffman Macdonald s Law of Contract written by Elizabeth Macdonald and published by Oxford University Press, USA. This book was released on 2014 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear and non-technical account of contract law, ideal for university students new to the study of law.
Download or read book Contract Law written by George Applebey and published by . This book was released on 2001 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Index to Legal Periodicals Books written by and published by . This book was released on 2002 with total page 1768 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unfair Contract Terms Act 1977 written by W. V. H. Rogers and published by . This book was released on 1978 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book The Law of Contract written by Roger Brownsword and published by . This book was released on 2003 with total page 1880 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this successful work brings the coverage up-to-date with all key developments and relevant changes since 1998. It provides a comprehensive and authoritative treatment of all aspects of the law of contract. It differs to other texts on the topic by offering a fresh, new approach. Analysing the current law, it also highlights possible future developments. Accessible and authoritative, it is designed specifically to meet the needs of the modern practitioner.
Download or read book Employment and Commercial Disputes The International Aspects written by Paul Nicholls, KC and published by Bloomsbury Publishing. This book was released on 2020-12-28 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.
Download or read book The Law of Contract written by Laurence Koffman and published by Hyperion Books. This book was released on 1998 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a concise and complete account of the law in clear and non-technical terms. Thoroughly revised and updated, this third edition includes all recent changes in the law and the latest case studies.
Download or read book Report on Harsh and Unconscionable Contracts written by Tasmania. Office of Law Reform Commissioner and published by . This book was released on 1994 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book International Trade and Business Law Annual written by and published by . This book was released on 2003 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
