Macdonald's Exemption Clauses and Unfair Terms
Language: English
Published by Bloomsbury Professional, 2019
- Hardcover
- New
Seller: Cherubz Books, York, United KingdomCherubz Books
AbeBooks seller since September 11, 2009
Condition: New
£ 210.00
Quantity: 1 available
Add to basketSeller Inventory # 4G-YCN5-G0UW
- Title
- Macdonald's Exemption Clauses and Unfair Terms
- Author
- Anderson, Mark; Woroner, Victor
- Publisher
- Bloomsbury Professional
- Publication year
- 2019
- Condition
- New
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 1526503719
- ISBN 13
- 9781526503718
- Edition
- 3rd Edition
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 K sler 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.
"Synopsis" may belong to another edition of this title.
About the Author
Victor Warner is a solicitor with Anderson Law LLP, specialising in intellectual property and technology law. He is the lead author of several legal works written by Anderson Law, including Technology Transfer (4th Edn), A-Z Guide to Boilerplate and Commercial Clauses (4th Ed), Drafting and Negotiating Commercial Contracts (4th Edn) (all published by Bloomsbury Professional), as well as several volumes of the Encyclopaedia of Forms and Precedents.
"About the title" may belong to another edition of this title.
Cherubz Books
York, United Kingdom
AbeBooks seller since September 11, 2009
Shipping rates from United Kingdom to U.S.A.
| Item | 5 to 10 business days | 21 to 60 business days |
|---|---|---|
| First item | £ 21.95 | £ 21.95 |
Payment methods
- Paypal
Specialty
Cookery, Art, History, Sport, Religion, Textbooks on a multiplicity of subjects, Hobbies and craftsTerms of sale
Although we endeavour to describe our books accurately all items are returnable
within fourteen days of
receipt if found to be unsatisfactory; please notify us of any concerns before
returning any books. Our email address is: cherubz@hotmail.co.uk. Cherubz Books is owned and run by
Richard and Jane Shaw at Barleycorn House, York YO611TP and can be contacted at 01347 833454. Please
note we have no open shop and cannot be visited at these premises.
Right of withdrawal
If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Information regarding the right of withdrawal
Statutory right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to Cherubz Books, York, United Kingdom, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
- The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.
Shipping terms
Books shipped on the day of order. Shipping costs are based on books weighing 2.2 LB, or 1 KG. If your book order is heavy or oversized, we may contact you to let you know extra shipping is required.