Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of  challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute.

Key features:

• Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation
• Examines unlawful, void and ineffective exclusion clauses
• Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective
• Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts
• Provides wholesale review of the recent case law
• Analyses the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract terms Act.
• Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts.
• Considers in detail the impact of the Consumer Rights Act 2015.