Limitation and Exclusion Clauses in Business Contracts - Part 2
- Podcast Location:
- Sorry, this podcast has been removed as it is now out of date
- Categories:
-
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:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- 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
- 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
This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.
