This article was quoted with approval by Lord Steyn in the First National Bank case
Archive for the ‘Article’ Category
Susan Bright, “Winning the battle against unfair contract terms”, (2000) 20 Legal Studies 331, 333-338
19 February 2011J.Beatson, “European Law and Unfair Terms in Consumer Contracts” [1995] C.L.J. 235
19 February 2011A short overview of the 1994 version of the UTCCR
Y2K and Contractual Exemption Clauses- Elizabeth MacDonald
6 July 2010Y2K and Contractual Exemption Clauses JILT 1999 (2) – Elizabeth Macdonald
Abstract
This article is concerned with the effectiveness of contractual exemption clauses at common law and under the Unfair Contract Terms Act 1977 and the 1994 Regulations on Unfair Terms in Consumer Contracts. It considers such clauses in relation to breaches of contract caused by software ‘bugs’ both generally and, more specifically, in the context of the Millennium (or Y2K) bug. As well as looking at the situation in which the terms in question are obviously exemptions, it also addresses two less obvious cases: entire agreement clauses and clauses warning a purchaser that goods are not Y2K compliant.