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Exclusion Clauses and Unfair Contract Terms, 12th Edition

 

Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.
 
The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.
 
NEW TO THIS EDITION:

• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void
 
Contractual Duties: Performance, Breach,Termination and Remedies, 2nd Edition

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.
 
Main features:
  • Part 1 covers rescission: firstly its principles and process are explained.
  • Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.
  • Details the bars to rescission, explaining what damages might be due in lieu of rescission.
  • Outlines the consequences of rescission, including compensation, apportionment of loss and concurrent claims.
  • Part 2 introduces the different types of breach and the terminology that governs them, and explains strict and non-strict obligations.
  • It sets out and analyses concepts such as renunciation, anticipatory breach, and repudiation by actual breach.
  • Discusses the common law right to terminate for breach of condition, particularly with regard to time stipulations.
  • Explains innominate or intermediate terms, deriving from the Hongkong Fir case, and its reception in Australia and New Zealand.
  • Analyses the nature and process of termination for breach, including international principles, and explains the ‘entire obligation’ rule.
  • Part 3 deals with discharge by impossibility, illegality or frustration.
  • Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action.
  • Covers damages for breach of contract, laying out the measures of award.
  • Explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation, and questions of timing.
  • Analyses the two limbs of the Hadley v Baxendale principle and their consequences.
  • Covers other types of damages including agreed damage and gain-based awards.
  • Discusses specific relief, focusing on the grant of specific performance and injunctions.
  • Focuses on English contract law, but also shows how other jurisdictions have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.

New to the 2nd edition:

  • Substantial case law updates across all four key areas of the book since the first edition was written in 2011
  • Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2014

 

 
Aldridge Powers of Attorney, 11th Edition

Powers of Attorney is the definitive work providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and straightforward manner, it provides everything needed to operate effectively in this area of the law. Beginning with an explanation of the scope of powers of attorney, it goes on to examine the duties of the parties involved, before looking at specific situations in which powers of attorney can be used.

The new 11th edition has been updated throughout to reflect recent developments in legislation and case law.

  • Clarifies the role, powers and duties of donor, attorney and third parties
  • Shows how powers of attorney are used in different situations, including land and companies
  • Advises on drafting issues
  • Includes forms and precedents
  • Explains how powers of attorney interact with trusts law
  • Covers lasting powers of attorney and examines the key case law since their introduction in 2007
  • Reproduces relevant statutes, statutory instruments and rules, so they can be consulted easily
 
Conflicts of Interest, 5th Edition

Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). The expert authors provide guidance on avoiding potential conflicts of interest while providing practical advice and remedies for any that do arise.
 
Now fifteen years since the publication of the first edition, this title continues to be a trailblazer in this highly topical and continually developing legal area. With the increasing internationalization of law firms - one result being that branches of the same firm in different countries might be called upon to act for opposing clients - actual and potential conflicts of interest are on the increase.

Whilst providing an authoritative guide to the law relating to all aspects of conflicts of interest, this title also offers practical guidance on how the problems and risks of conflicts of interest can be avoided or reduced and provides strategies for assessing and managing conflict situations. 

 
Injunctions, 12th Edition

Injunctions is a concise and practical guide to the subject of injunctions, with particular emphasis on procedure. The decision to grant or refuse an interim injunction will often be determinative of the whole dispute.

Injunctions:
  • Covers the full range of injunctions in one volume.
  • Provides a concise and practical guide with particular emphasis on explanation of procedure.
  • Sets out what remedies are available and to which situations they are best suited.
  • Covers all matters of jurisdiction and the discretionary powers of different courts.
  • Fully explains the criteria for both permanent and interim injunctions.
  • Gives step-by-step analysis of practice and procedure, covering interim applications, other proceedings (including appeals), freezing injunctions, search orders and contempt of court.
  • Contains a useful collection of official and unofficial precedents.
  • Includes a chapter on matrimonial and domestic proceedings written by Her Honour Judge Isabel Parry.
  • Deals with special cases such as ones dealing with restraint of publications, employment contracts, public law, defendants outside the jurisdiction, restraint of legal proceedings, and discrimination.
This 12th Edition includes essential updates on:
  • Damages in lieu of an injunction: Lawrence v Fen Tigers
  • No injunction to ban autobiography: Rhodes v OPO
  • The Anti-Social Behaviour, Crime and Policing Act 2014
  • Important recent case law on freezing injunctions
  • New powers for district judges in injunction cases