p. 725. Exemption Clauses and Unfair Terms
- James DevenneyJames DevenneyHead of School and Professor of Transnational Commercial Law, School of Law, University of Reading, UK and Visiting Full Professor, UCD Sutherland School of Law, University College Dublin, Ireland
Abstract
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter focuses on the regulation of exclusion/exemption clauses and other potentially unfair terms. It discusses both common law (such as approaches to incorporation and interpretation) and statutory regulation (such as the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015). It also explores two key debates: the nature of an exemption clause, and the tension between freedom of contract and judicial and statutory intervention in the context of exemption clauses.
