Unfair Contract Terms Act 1977

JurisdictionUK Non-devolved
of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty) ;of the common duty of care imposed by the (2) This Part of this Act is subject to Part III; and in relation to contracts, the operation of sections 2 F45 , 3 and 7 is subject to the exceptions made by Schedule 1.from things done or to be done by a person in the course of a business (whether his own business or another’s) ; orfrom the occupation of premises used for business purposes of the occupier;(4) In relation to any breach of duty or obligation, it is,immaterial for any purpose of this Part of this Act whether the breach was inadvertent or intentional, or whether liability for it arises directly or vicariously.(1) 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.(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.a term in a consumer contract, ora notice to the extent that it is a consumer notice,(1) This section applies as between contracting parties where one of them deals when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; orto render a contractual performance substantially different from that which was reasonably expected of him, orin respect of the whole or any part of his contractual obligation, to render no performance at all,(3) This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015) .
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  • F2section 12 of the Sale of Goods Act 1979(seller’s implied undertakings as to title, etc.) ;

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