Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - “EXCLUSION CLAUSES AFTER THE UNFAIR CONTRACT TERMS ACT” (1978).
By Richard Lawson, LL.M., Ph.D. Published by Oyez Publishers Ltd., London.
Paperback £5.
One of the most significant pieces of legislation to emerge in this decade became effective on Feb. 1. The Unfair Contract Terms Act 1977 introduces extensive limitations on the application of exclusion clauses, conditions of sale and guarantees. Dr. Lawson, in Exclusion Clauses after the Unfair Contract Terms Act, is the first to consider the implications of the new legislation in a complete published work. He does so clearly and succinctly in this invaluable introductory guide for laymen and lawyers. Dr. Lawson must be particularly commended for his individual treatment of several specific exclusion clauses in common use.
The book has a logical pattern which conducts the reader through the incorporation, interpretation and avoidance and qualification of exclusion clauses. Many important, and often unnecessarily over-complicated issues, are discussed intelligibly on this occasion. Detailed consideration is given to the famous case of Parker v. South Eastern Railway Co., and in a few well chosen words Dr. Lawson manages to explain the doctrine of fundamental breach and the Suisse Atlantique case on a level which is perfectly adequate for the purposes of the book.
The text is not confined to the 1977 Act but includes the relevant areas of other important legislation: the Sale of Goods Act 1893; the Fair Trading Act 1973; the Supply of Goods (Implied Terms) Act 1973; and the Consumer Credit Act 1974. Dr. Lawson distinguishes between unlawful exemption clauses and those which are void or ineffective in discussing the implications of the U.C.T.A. The approach taken is to be greatly complimented and will go far to remove much of the confusion which traditionally surrounds any new legislation.
A. M. SCOLEY
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