| 释义 |
exclusion and restriction of negligence liability
The Unfair Contract Terms Act 1977 provides that a person cannot exclude or restrict his business liability for death or injury resulting from negligence. Nor can he exclude or restrict his liability for other loss or damage arising from negligence, unless any contract term or notice by which he seeks to do so satisfies the requirement of reasonableness (as defined in detail in the Act). For the purposes of this provision, negligence means the breach of any contractual or common-law duty to take reasonable care or exercise reasonable skill or of the common duty of care imposed by the Occupiers’ Liability Acts 1957 and 1984. There are similar provisions in relation to consumer contracts in the Consumer Rights Act 2015. Businesses cannot exclude or restrict their liability for death or personal injury. All other exclusion clauses should be fair. A term is considered unfair if it is contrary to the requirement of good faith and causes a significant imbalance in the rights and obligations of the parties. |