Clauses which would have the effect of excluding or limiting liability in the event of breach of contract or misrepresentation have always been subject to control of one kind or another. This lecture begins by looking at the controls used at common law. This is followed by an examination of statutory controls, beginning with the Unfair Contract Terms Act 1977 and how it regulates the use of exemption clauses in business to business contracts (including clauses excluding or limiting liability for misrepresentation). The final section of the lecture covers the ways in which terms in consumer contracts (exemption clauses as well as anything else) are now regulated by the Consumer Rights Act 2015.

Note that, whilst the courts approach to the construction (interpretation) of exemption clauses is covered in this lecture, the rules on incorporation of terms, which apply to all types of contract term, are not included – those rules are dealt with in a separate recording on ‘express terms’.

Lecturer: Gianni Vuolo

Duration: 74 minutes (approx)

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