Under section 2(1) of the Unfair Contract Terms Act 1977, can a business exclude by contract term its liability for death or personal injury caused by its negligence?
Answer and explanation
Correct answer: A. No, such liability cannot be excluded or restricted by a contract term or notice
- Step 1: Section 2(1) of UCTA 1977 is categorical.
- Step 2: Other loss caused by negligence may be excluded if reasonable under section 2(2).
Answer
No, such liability cannot be excluded or restricted by a contract term or notice.
Why not the others: Signature does not validate such a clause; reasonableness applies to other loss; the status of the customer does not change the rule.
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