Podcast Location:
Download it here [file size: 20.6 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

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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 gives an overview of the impact of the Unfair Terms in Consumer Regulations 1999 on a contracting party's ability to limit or exclude liability in a contract with a consumer. It also looks at how the courts construe clauses which are potentially so wide that they could be interpreted as excluding liability for fraudulent misrepresentation. In this context, the recent case of Regus (UK) Ltd v Epcot Solutions Ltd (2008) will be considered. Finally, recommendations for reform in this area of the law, as set out in the report published by the Law Commission and the Scottish Law Commission in 2005 are explained.

Outcomes:
After completing the course you will:
  • Understand the ways in which exclusion or limitation clauses can be rendered ineffective by legislation such as the Unfair Terms in Consumer Regulations 1999;
  • Understand the impact of the Court of Appeal decision in Regus (UK) Ltd v Epcot Solutions Ltd (2008) on the way the courts will interpret a clause which does not expressly exclude liability for fraudulent misrepresentation;
  • Understand the recommendations for reform in this area, as put forward by the Law Commission and the Scottish Law Commission.
Level:
Beginner Difficulty: 1 of 5
Classification:
Introduction
Practical Guide
Sources and References:
  • Unfair Terms in Consumer Regulations 1999;
  • Misrepresentation Act 1969;
  • Director of Fair Trading v First National Bank plc (2000) EWCA Civ 27;
  • Thomas Witter Ltd v TBP Industries Ltd (1996) 2 ALL ER 573;
  • Regus (UK) Ltd v Epcot Solutions Ltd (2008) EWCA Civ 361;
  • Watford Electronics Ltd v Sanderson CFL Ltd (2001) EWCA Civ 317;
  • Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288.

In the second CPDcast of this two part CPDcast series, Fiona Ball continues the introduction to the use of limitation and exclusion clauses in business contracts. Legislation which curtails a contracting party's ability to limit or exclude liability is considered. The issues of excluding liability for fraudulent misrepresentation and recommendations for reform in this area are also discussed.

Podcast added: 16/10/09

Podcast last reviewed: 2011-07-25

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