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Chapter

Cover Essential Cases: Contract Law

Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Complete Contract Law

7. Exemption Clauses and Unfair Terms  

This chapter assesses exemption clauses and unfair terms. Exemption clauses are terms that either exclude or limit the liability of a party. The law relating to the use of such clauses is a mixture of rules found in both the common law and legislation; the common law rules apply to all contracts. In addition, the Unfair Contract Terms Act 1977 applies to the use of exemption clauses in contracts between two businesses. For consumers, the Consumer Rights Act 2015 provides wider protection from unfair terms including exemption clauses. The practical context of exemption clauses is simple. One party will be in breach and so the other will seek compensation for the loss caused by the breach. The party in breach will then defend the action by relying on an exemption clause. The dispute is then about whether or not the clause can be relied upon. The circumstances in which terms might be assessed for being ‘unfair’ can be wider than this. Typically, a business will take action against a consumer following the consumer’s failure to perform an obligation, which will then prompt the consumer to challenge the obligation as based on an unfair term.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

8. Terms of the contract II: common law and statutory controls on unfair terms  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines potentially unfair terms, including exemption clauses, in a contract. It considers the common law’s response to exemption clauses and other potentially unfair terms, and discusses statutory schemes to regulate them. It covers the Unfair Contract Terms Act 1977 (UCTA) which governs exemption clauses in non-consumer contracts, subjecting them to a requirement of reasonableness where the contract was made on standard terms. It also discusses in detail the Consumer Rights Act 2015 (CRA), which regulates terms in consumer contracts, prohibiting certain exclusion clauses completely and imposing a general test of fairness upon all terms apart from the core terms.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

6. The Contents of the Contract  

M P Furmston

This chapter discusses the process of deciding what the contract is. This includes express and implied terms; the relative importance of contractual terms, the process of deciding what the contract mean; excluding and limiting terms; the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.

Book

Cover Contract Law

Mindy Chen-Wishart

Contract Law offers a new approach, utilising diagrams and commentary boxes to complement the text. The book explains the intricacies of contract law by reference to the questions that arise during the life of a contract. Part I of the book introduces contract law. Part II looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties who may benefit or be burdened by the contract. Part IV considers the reasons for allowing a party to escape the contract, namely the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V looks at how to determine the contents of contracts: express, implied, and collateral terms, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the availability of the remedies of termination, damages, and specific and agreed remedies. Part VII examines whether obligations of good faith should be recognised in current contract law and how that might affect the way we understand contract law.

Chapter

Cover Introduction to Business Law

6. The Terms of a Contract  

This chapter discusses the terms of a contract. The terms are the contents of the contract. They also state what the parties’ legal duties and obligations are to each other. Terms may be written, oral, or even implied into a contract. This chapter discusses the difference between a term of a contract and a representation and the difference between express and implied terms. It considers the types of contractual terms, conditions, warranties, and innominate terms, and the distinction between them. The nature of exemption clauses and the methods used by the courts to restrict the use of such clauses and the effects on exemption clauses of the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 are examined. The chapter concludes with a discussion of restraint of trade clauses commonly found in contracts of employment, contracts for the sale of businesses, and solus agreements

Chapter

Cover Contract Law

13. Controlling contract terms  

Exclusion clauses, penalties, and consumer protection

This chapter examines how the law regulates contract terms, with particular emphasis on rules that are intended to protect weaker parties. It begins with a discussion of the limits of freedom of contract and proceeds by assessing the role played by formal requirements, such as the requirement that contracts be in writing. It then considers how the law regulates contract terms which seek to alter the liability that one party will have in the event of breach. More specifically, it looks at exclusion clauses in the common law and the statutory regulation of such clauses, along with liquidated damages, contractual remedies, and the rule against penalties. It also explores the extent to which consumer protection law restricts the terms that can be included in consumer contracts, especially when dealing with the problem of unfair terms.

Book

Cover Contract Law Concentrate

Jill Poole, James Devenney, and Adam Shaw-Mellors

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.

Chapter

Cover Concentrate Questions and Answers Contract Law

5. Exemption Clauses and Unfair Terms  

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.

Chapter

Cover Contract Law

11. Direct control over terms  

This chapter examines direct legal controls over the contents of contracts, with particular emphasis on the Unfair Contract Terms Act 1977 (UCTA) and the Consumer Rights Act 2015 (CRA). The pattern of control under UCTA and CRA is discussed, compared, and contrasted in terms of: the types of contracts covered; the parties who can benefit from, or be detrimentally affected by, the contract; the types of terms subject to control; the control mechanisms such as of outright invalidity and a test of reasonableness or fairness; and the enforcement mechanism, whether by the individual complainant or by a statutory body. Other statutory and common law controls of terms are also briefly discussed, as is the question of whether control of substantive unfairness by contract law can be justified.

Chapter

Cover Card & James' Business Law

9. Unfair terms  

This chapter examines unfair terms and exclusion clauses in a contract. It explains that exclusion and limitation clauses can be used by the parties to exclude or limit their liability and that they are regulated by statute and common law. It highlights the fact that an exclusion clause can only be effective if it is incorporated into a contract and if it was brought to the other party’s attention prior to the contract being formed. This chapter also discusses the relevant provisions of the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, and ongoing efforts to clarify the law in this area.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

11. Unfair terms in consumer contracts  

This chapter addresses the Directive on Unfair Terms in Consumer Contracts and its implementing legislation: the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Rights Act 2015. The legislation is of broad application to unfair terms in consumer contracts. The fairness test, with its reference to good faith, and significant imbalance in the rights and obligations of the parties, is considered. The ‘core exemption’, from the fairness test, of price terms and those dealing with the main subject matter of the contract is looked at. The tensions in the different approaches to ‘core exemption’ in the Court of Appeal and the Supreme Court in Abbey National, and the different emphases on freedom of contract, and protection of the weaker party, are highlighted.

Chapter

Cover Commercial Law Concentrate

5. Exclusion and limitation clauses  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on clauses designed to exclude or limit a party’s liability, first considers exclusion or limitation clauses in the UK under common law rules, the Unfair Contract Terms Act 1977, and the Consumer Rights Act 2015. It explains the distinction between an exclusion clause and a limitation clause before discussing the two main methods of controlling exclusion clauses adopted by the courts. The chapter examines the exclusion or restriction of the statutory implied terms under the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, and the Supply of Goods and Services Act 1982. Finally, it considers the rules introduced by the Consumer Rights Act 2015 in relation to consumer transactions.

Chapter

Cover Contract Law Directions

6. Exemption clauses  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.

Chapter

Cover Contract Law Directions

6. Exemption clauses  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.

Chapter

Cover JC Smith's The Law of Contract

15. Exclusion clauses and unfair terms  

This chapter analyses the law on exclusion clauses and unfair terms. Exclusion clauses are terms which exclude or limit a defendant’s liability. The enactment of the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 has reduced the importance of common law techniques for avoiding the worst effects of exclusion clauses. Both statutes enable the courts to control the substance of the contract. The Unfair Contract Terms Act 1977 only applies to non-consumer contracts. It empowers a court not to enforce exclusion clauses where they are unreasonable. Unlike the Unfair Contract Terms Act 1977, the Consumer Rights Act 2015 is not limited to exclusion clauses. A term will be unfair if, ‘contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer’.

Chapter

Cover Contract Law

14. Unfair Terms in Consumer Contracts  

This chapter focuses on Part 2 of the Consumer Rights Act 2015. The Act gives to the courts much broader powers to regulate terms in contracts which have been concluded between traders and consumers. Section 4.2 examines the individual sections of Part 2 of the Act and the leading cases decided under the Regulations which preceded the Act. Particular attention is given to key concepts such as ‘significant imbalance’, ‘good faith’, the exclusion of certain terms from assessment for fairness, the indicative and non-exhaustive list of terms that may be regarded as unfair (often referred to as the ‘grey list’), and the role of regulators in the enforcement of the legislation. Section 4.3 draws on work done by Professor Susan Bright in relation to the role of the Unfair Contract Terms Unit in the early days of the enforcement of the legislation.

Chapter

Cover Essential Cases: Contract Law

George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803. The document also includes supporting commentary from author Nicola Jackson.