Unfair Contract Terms Act 1977
Part I
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Amendment of Law for England and Wales and Northern Ireland
1 Scope of Part I
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(1) For the purpos of this Part of this Act, “negligence” means the breach—
(a) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exerci reasonable skill in the performance of the contract;
(b) of any common law duty to take reasonable care or exerci reasonable skill (but not any stricter duty);
(c) of the common duty of care impod by the Occupiers’ Liability Act 1957 or the Occupiers’ Liability Act (Northern Ireland) 1957.
(2) This Part of this Act is subject to Part III; and in relation to contracts, the operation of ctions 2 to 4 and 7 is subject to the exceptions made by Schedule 1.
(3) In the ca of both contract and tort, ctions 2 to 7 apply (except where the contrary is stated in ction 6(4)) only to business liability, that is liability for breach of obligations or duties arising—
(a) from things done or to be done by a person in the cour of a business (whether his own business or another’s); or
(b) from the occupation of premis ud for business purpos of the occupier;
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and references to liability are to be read accordingly but liability of an occupier of premis for breach of an obligation or duty towards a person obtaining access to the premis for recreational or educational purpos, being liability for loss or damage suffered by reason of the dangerous state of the premis, is not a business liability of the occupier unless granting that person such access for the purpos concerned falls within the business purpos of the occupier.
(4) In relation to any breach of duty or obligation, it is immaterial for any purpo of this Part of this Act whether the breach was inadvertent or intentional, or whether liability for it aris directly or vicariously.
2 Negligence liability
(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.和田青玉
(2) In the ca 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 itlf to be taken as indicating his voluntary acceptance of any risk.
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3 Liability arising in contract
(1) This ction applies as between contracting parties where one of them deals as consumer or on the other’s written standard terms of business.
(2) As against that party, the other cannot by reference to any contract term—
(a) when himlf in breach of contract, exclude or restrict any liability of his in respect of the breach; or
(b) claim to be entitled—
(i) to render a contractual performance substantially different from that which was reasonably expected of him, or
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(ii) in respect of the whole or any part of his contractual obligation, to render no performance at all,
except in so far as (in any of the cas mentioned above in this subction) the contract term satisfies the requirement of reasonableness.
4 Unreasonable indemnity claus
(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.
(2) This ction applies whether the liability in question—
(a) is directly that of the person to be indemnified or is incurred by him vicariously;
(b) is to the person dealing as consumer or to someone el.
5 "Guarantee" of consumer goods
行政管理调查报告(1) In the ca of goods of a type ordinarily supplied for private u or consumption, where
loss or damage—
(a) aris from the goods proving defective while in consumer u; and
(b) results from the negligence of a person concerned in the manufacture or
distribution of the goods,
liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.
(2) For the purpos—
(a) goods are to be regarded as “in consumer u” when a person is using them, or has them in his posssion for u, otherwi than exclusively for the purpos of a business; and
