Podcast Location:
Download it here [file size: 19 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide an introduction to the way the courts assess the validity of exclusion and limitation clauses in business contracts. It discusses the various hurdles which must be overcome before an exclusion or limitation clause can effectively exclude or limit liability.

Outcomes:
After completing the course you will:
  • Understand the ways in which exclusion or limitation clauses may be incorporated into a contract;
  • Understand the court's approach to interpreting such clauses, including the impact of the recent Court of Appeal decision in Internet Broadcasting Corporation Ltd v MAR LLC (2009) EWHC 844 (Ch);
  • Understand the ways in which exclusion and limitation clauses can be rendered ineffective by legislation such as the Unfair Contract Terms Act 1977.
Level:
Beginner Difficulty: 1 of 5
Classification:
Introduction
Practical Guide
Procedural
Sources and References:
  • Unfair Contract Terms Act 1977;
  • L'Estrange v F Graucob Ltd (1934) 2 KB 394;
  • Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd (1989) QB 433;
  • Prenn v Simmonds (1971) 3 All ER 237;
  • Investors Compensation Scheme Ltd v West Bromwich Building Society (1998) 1 BCLC 493;
  • Internet Broadcasting Corporation Ltd v MAR LLC (2009) EWHC 844 (Ch);
  • R & B Custom Brokers v United Dominions Trust (1988) 1 All ER 847;
  • British Fermentation Products v Compare Reavell Ltd (1999) 2 All ER (Comm) 389;
  • George Mitchell (Chesterhall) Limited v Finney Lock Seeds Limited (1983) EWCA Civ 5;
  • Overseas Medical Supplies Limited v Orient Transport Services Limited (1999) 2 Lloyd's Rep 273.

In the first of this two part CPDcast series, Fiona Ball discusses the main statutory provisions and case law surrounding the reliance on exclusion and limitation clauses in business contracts. The issues which must be addressed in this situation, namely incorporation of the term into the contract, interpretation of the term by the courts and legislative controls are examined.

Podcast added: 16/10/09

Podcast last reviewed: 2011-07-25

Start this CPDcast Activity

© CPDcast.com