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Unfair Contract Terms Act 1977: Difference between revisions
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The [[Unfair Contract Terms Act 1977]] — to its users, “[[UCTA]]” — is a plank of {{t|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 clause]]s which seek to ludicrously restrict the liability a merchant can have for doing what it promised to do. | {{g}}The [[Unfair Contract Terms Act 1977]] — to its users, “[[UCTA]]” — is a plank of {{t|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 clause]]s 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 {{casenote|ParkingEye Ltd|Beavis}} | |||
===Scope=== | |||
Unlike the “EU influenced” [[Unfair Terms in Consumer Contracts Regulations 1999]], which are apecificallly consumer-related, [[Unfair Contract Terms Act 1977|UCTA]] proper applies to all “contracts” and not just consumer contracts, or [[Little old ladies|contracts with little old ladies who make bad law]]. | |||
===Exclusion of liability for 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: | |||
{{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}} | |||
*[[OceanGate]] | |||
*{{casenote|ParkingEye Ltd|Beavis}} | |||
{{ref}} | |||