Unfair Contract Terms Act

The Unfair Contract Terms Act 1977 limits the use of exclusion clauses in contracts.

Generally only a court can decide whether an exclusion clause is reasonable, However, any exclusion of liability whether in a contract term or in a notice is always void if used for the purpose of evading liability for death or personal injury caused by negligence.  Also, a trader selling goods cannot exclude liability for a breach of a consumer’s rights under the Sale of Goods Act.

Contractual exclusion clauses in relation to services are not illegal but they are not enforceable if they are unreasonable.