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Macdonald's Exemption Clauses and Unfair Terms

By: Mark Anderson, Victor Warner
Media of Macdonald's Exemption Clauses and Unfair Terms
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Published: 14-04-2022
Format: EPUB eBook (?)
Edition: 3rd
Extent: 400
ISBN: 9781526503725
Imprint: Bloomsbury Professional
RRP: £207.00
Online price : £186.30
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About Macdonald's Exemption Clauses and Unfair Terms

An expert analysis covering both the incorporation and construction of the key clauses and the relevant legislation.

Fully revised and updated, the new third edition includes coverage of:

- The changes brought about by the Consumer Rights Act 2015 with a comparison of the Unfair Terms in Consumer Contracts Regulations 1999.
- Analysis and interpretation of case law which has considered the effect and interpretation of unfair terms since the 2nd edition such as: The Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch); The Office of Fair Trading v Ashbourne Management Services Ltd and Others [2011] EWHC 1237 (Ch); Case C–243/08 Pannon GSM Zrt v Erzsébet Sustikné Gyo?fi [2009] ECR I–04713; Case C–168/05, Elisa María Mostaza Claro v Centro Móvil Milenium SL [2006] ECR I-10421 and the CMA analysis of these cases).
- Analysis and interpretation of the significant amount of case law which has dealt with exemptions since the 2nd edition.
- Analysis and interpretation of how the courts now interpret contract clauses after the decisions of the Supreme Court in Rainy Sky S. A. and others v Kookmin Bank [2011] UKSC 50 and Arnold v Britton [2015] UKSC 36.

Table Of Contents

The Unfair Contract Terms Act 1977
Consumer Rights Act 2015
Exemption clauses and third parties
Misrepresentation and exemptions
Exemptions and fiduciary duties

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