Exclusion Clauses & Enforceability - Live Update with Helen Swaffield
This live broadcast session will update commercial practitioners and litigators on the stream of recent cases that have changed the landscape for the enforceability of exclusion clauses.
What You Will Learn
This live and interactive session will cover the following:
- B2C Consumer Rights Act 2015 ‘grey’ listed clauses
- The changes to the meaning of direct loss, the Court of Appeal reject Hadley v Baxendale
- Caps - contract price and aggregation after RDE v Atos
- Blanket exclusions of ‘all loss’ after Persimmon Homes v Ovrpe
- Mandatory insurance affecting enforceability of caps: Ampleforth Abbey
- How to defeat the clause - tips and arguments for the Claimant - has it been included - Arcadis Consulting (UK) Ltd v AMEC on version control and battle of the forms
- The UCTA starting point the new ‘reasonable’
- Equal bargaining power - fiction?
- Standard terms and conditions after African Bank - ‘habitual use’
- Severance for high risk clauses following Goodlife Foods Ltd v Hall Fire Protection Ltd
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.