Unfair Contract Terms Act 1977
|
|
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 liabity for one’s 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]