English Contract Law - Negligence and exclusionary provisions
Clauses that seek to limit liability for carelessness are subject to special regulations. The laws and common law establish the regulations. Control by statute over negligence-related death or personal injury exemption clauses Statutes typically make negligence-related death or personal injury exemption provisions unenforceable. This is the situation under the B2C (Consumer Rights Act (CRA) 2015, s. 65) and B2B (Unfair Contract Terms Act (UCTA) 1977, s. 2) regimes. Specific criteria of construction must be followed when interpreting exclusion clauses in relation to negligence liability (other than in regard to death or personal harm). Rules of common law that relate to attempts to evade negligent responsibility Does the exemption clause specify that it releases a person from negligence-related liability? If so, the clause is put into effect. Is the wording of the clause broad enough to cover liability in negligence if there is no express mention of it therein? If the answer is affirmative but the loss in question relates to another legal theory, such as contract violation, the clause will exclude contractual liability but not negligent liability. responsibility for negligence not resulting in death or personal injury If you come to the conclusion that an exemption provision effectively excludes negligent liability (other than for death or personal damage), be aware that there is still one more obstacle to overcome. A negligence exemption clause is only enforceable under the B2B regime if it is reasonable (art. 2(2) of UCTA 1977). Such an exemption is only enforceable under the B2C system if it is fair (section 62(4)).
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