Unfair Contract Terms Act 1977: Difference between revisions
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On point in the extraordinarily ill-judged (by the appellant) litigation in {{casenote|ParkingEye Ltd|Beavis}} | On point in the extraordinarily ill-judged (by the appellant) litigation in {{casenote|ParkingEye Ltd|Beavis}} | ||
===Exclusion of | ===Exclusion of liability for one’s negligence=== | ||
Contractual exclusion of liability for [[negligence]] is outright prohibited should that negligence lead to death or personal injury: | |||
Section [[Unfair Contract Terms Act 1977|2(1)]] provides: | Section [[Unfair Contract Terms Act 1977|2(1)]] provides: | ||
{{quote|“A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”<ref>https://www.legislation.gov.uk/ukpga/1977/50/section/2</ref>}} | {{quote|“A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”<ref>https://www.legislation.gov.uk/ukpga/1977/50/section/2</ref>}} | ||
In other cases is hedged around by a requirement for reasonableness: | |||
{{quote|“(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence ''except in so far as the term or notice satisfies the requirement of [[Reasonable|reasonableness]]''. <Br> | |||
(3) Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.<ref>Ibid.</ref>}} | |||
{{sa}} | {{sa}} | ||
*[[OceanGate]] | *[[OceanGate]] | ||
*{{casenote|ParkingEye Ltd|Beavis}} | *{{casenote|ParkingEye Ltd|Beavis}} | ||
{{ref}} | {{ref}} | ||
Revision as of 08:58, 29 June 2023
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The Unfair Contract Terms Act 1977 — to its users, “UCTA” — is a plank of United Kingdom consumer protection legislation. It limits and in some places overrides basic common law principles as to what kind of losses or damages a contractual party can be liable to. Relevant for exclusion clauses which seek to ludicrously restrict the liability a merchant can have for doing what it promised to do.
On point in the extraordinarily ill-judged (by the appellant) litigation in ParkingEye Ltd v Beavis
Exclusion of liability for one’s negligence
Contractual exclusion of liability for negligence is outright prohibited should that negligence lead to death or personal injury:
Section 2(1) provides:
“A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”[1]
In other cases is hedged around by a requirement for reasonableness:
“(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
(3) Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.[2]