Exclusion Clauses and Unfair Contract Terms by Neil Andrews – 13th Edition | 2023

Exclusion Clauses and Unfair Contract Terms by Neil Andrews – 13th Edition | 2023

Exclusion Clauses and Unfair Contract Terms offers an in-depth, practical, and insightful exploration of this crucial aspect of contract law. It provides practitioners with guidance on effectively drafting and implementing exclusion clauses during the contract formation phase. The book also discusses the potential for challenging such clauses. It examines exclusion clauses and unfair contract terms in both commercial and consumer contracts, considering the legal criteria used to determine whether an exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated under common law and statutory law.

Key Features of Exclusion Clauses and Unfair Contract Terms, 13th edition:
- Explores how exclusion clauses are regulated by the judiciary and legislation.
- Analyzes exclusion clauses that are unlawful, void, or ineffective.
- Offers straightforward and practical advice on drafting lawful, valid, and effective exclusion clauses.
- Examines exclusion clauses and unfair contract terms in both commercial and consumer contracts.
- Provides a comprehensive review of recent case law.
- Analyzes court interpretations of “written standard terms” under the Unfair Contract Terms Act.
- Discusses the evolving judicial approach to interpreting exclusion clauses in line with general principles for written contracts.
- Examines the impact of the Consumer Rights Act 2015 in detail.

New to this Edition:
- The book has been thoroughly revised and updated by Professor Neil Andrews to include significant case law developments over the past five years.
- Chapter 1 on incorporation has been extensively updated in light of **Goodlife Foods v Hall Fire Protection Ltd (2018)**.
- Introduces a new Chapter 2 focused on exclusion clauses intended to protect third parties, addressing the Contracts (Rights of Third Parties) Act 1999 and "Himalaya" clauses.
- Chapter 3 has been fully updated to reflect recent case law and current approaches to interpreting exclusion clauses.
- A new Chapter 4 examines the significant topic of liability for misrepresentation and exclusion clauses.
- Chapter 6 includes a detailed examination and critique of **African Export-Import Bank v Shebah Exploration and Production Co Ltd (2017)**, where the Court of Appeal clarified the phrase “written standard terms of business.”
- Chapter 7 provides an in-depth examination of the statutory reasonableness test applied in a business-to-business context, as seen in **Goodlife Foods v Hall Fire Protection Ltd (2018)**.
- In Chapter 8, focused on unfair terms in consumer contracts, the following cases are discussed in new or expanded detail: **Roundlistic Ltd v Jones (2018)**, **Casehub Ltd v Wolf Cola Ltd (2017)**, **Higgins & Co Lawyers Ltd v Evans (2019)**, **Parking Eye Ltd v Beavis (2015)**.
- Chapter 9 is a new addition that deals with liquidated damages clauses, which establish the minimum and maximum levels of compensation. When the prescribed liability is much less than the actual loss suffered by the innocent party, the clause effectively limits liability. This aspect is noted by Lords Leggatt and Burrows in **Triple Point Technology Inc v PTT Public Co Ltd (2021)** ([74], “such a clause limits the contractor’s exposure to liability of an otherwise unknown and open-ended kind”).

Find more books like Exclusion Clauses and Unfair Contract Terms by Neil Andrews – 13th Edition : Contract Law