BOOK REVIEW
MACDONALD’S EXEMPTION CLAUSES
AND UNFAIR TERMS
3rd edition
By Mark Anderson and Victor Warner
ISBN 978 1 52650 371 8
Bloomsbury Professional/Family Law
www.bloomsburyprofessionallaw.com
NOW IN A NEW THIRD EDITION... THE MOST RECENT STATEMENT ON EXEMPTION CLAUSES AND UNFAIR TERMS
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
It has been sixteen years since the publication of the second edition of this long-established text by Elizabeth MacDonald. And now, a very welcome third edition by Mark Anderson and Victor Warner and published by Bloomsbury Professional has made its debut. Very timely it is too, as it has emerged as the most recent and up-to-date statement available on exemption clauses and unfair terms.
The authors have made it clear that this is an in-depth exploration of the law in this area, as the book, in their words, ‘looks in detail at one aspect of contractual liability; clauses that limit or exclude liability.’ The work will be of terrific value to practitioners and advisers alike.
Bearing in mind the changes in this area that have occurred in the past sixteen years, the two authors highlight certain underlying themes, including -- to cite only one example -- renewed emphasis by the courts, when interpreting contracts, on ‘the “objective” meaning of the words used within a contract, taking account of any admissible background.’ Many new developments have also ensued, including the necessity to ensure that the wording of the contract clearly addresses the parties’ liabilities.
But, as the authors also point out, ‘the main development concerning unfair terms is the passing into law of the Consumer Rights Act 2015, which the book examines in precise detail. Indeed detail, increased clarity and an emphasis on precise terms are the signals of attitudinal change in this complex area of law.
Across its more than 500 pages the book covers every
conceivable issue involved in this precise subject, starting with chapters on incorporation and construction, followed by chapters on the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts -- and of course, much more.
As an excellent work of reference, the book provides copious footnoting as well as extensive tables of statutes, statutory instruments, cases, and European legislation. Paragraphs are numbered throughout for ease of navigation, and the helpful index extends to almost thirty pages.
As contractual issues reach into every aspect of law, this new edition should ideally be acquired by all practitioners, advisers and indeed anyone who drafts or makes use of commercial and consumer contracts. And as this is a highly specialised area of contract law, this book should be read in conjunction with the definitive Common Law Library publication ‘Chitty on Contracts’.
The date of publication of this hardback third edition is cited as 28th April 2022.
