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AI Overview

The book "Exclusion Clauses and Unfair Contract Terms" by R. G. Lawson is a comprehensive guide to the legal aspects of exclusion clauses and unfair contract terms in both commercial and consumer contracts. Here is a detailed overview of the book:

Key Themes

  1. Exclusion Clauses and Unfair Contract Terms: The book delves into the intricacies of exclusion clauses, which are provisions in contracts that seek to limit or exclude liability. It examines how these clauses are controlled by the judiciary and regulated by legislation.

  2. Legal Tests and Interpretation: The text considers the legal tests applied to determine whether an 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.

  3. Drafting Effective Exclusion Clauses: The book provides practical guidance on drafting exclusion clauses that are lawful, valid, and effective. It offers insights into how to navigate the complexities of contract law to ensure that exclusion clauses are used appropriately.

  4. Consumer Contracts and Commercial Agreements: The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts. This includes analyzing the impact of legislation like the Consumer Rights Act 2015 on these clauses.

  5. Recent Case Law and Statutory Controls: The book provides a wholesale review of recent case law and discusses the statutory controls that regulate exclusion clauses. It also examines how the courts are adjusting their interpretation of exclusion clauses to harmonize them with general principles of interpreting written contracts.

Plot Summary

The book does not have a narrative plot but rather serves as a reference guide for practitioners and students of contract law. It is structured to provide detailed, practical, and incisive analysis of exclusion clauses and unfair contract terms. The text covers various aspects, including:

  • Unlawful, Void, and Ineffective Exclusion Clauses: It explains which exclusion clauses are considered unlawful, void, or ineffective under both common law and statutory regulations.
  • Interpretation of Written Standard Terms: The book analyzes the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract Terms Act.
  • Impact of Consumer Rights Act 2015: It discusses how the Consumer Rights Act 2015 has influenced the regulation of exclusion clauses in consumer contracts.

Critical Reception

Given the book's focus on a specialized area of contract law, there is limited general critical reception available. However, the book is widely regarded as a valuable resource for practitioners and academics in the field of contract law. It is part of the Sweet & Maxwell practitioner series, which is known for its authoritative and practical guidance on legal topics.

Editions and Availability

The book has been published in multiple editions, with the 13th edition being the most recent. It is available in various formats, including paperback, and can be found on platforms like AbeBooks and Biblio.

In summary, "Exclusion Clauses and Unfair Contract Terms" by R. G. Lawson is a comprehensive guide that provides detailed analysis and practical guidance on exclusion clauses and unfair contract terms. It is a valuable resource for those working in the field of contract law, particularly those dealing with commercial and consumer contracts.