Commentary

27 Limitation and exclusion of liability

AUCTIONEERS, ESTATE AGENTS AND VALUERS vol 3(1)

27 Limitation and exclusion of liability

27 Limitation and exclusion of liability

The enforceability of contract terms and notices purporting to exclude or limit liability to consumers is governed by the Consumer Rights Act 2015 Part 2, and in particular the requirement of fairness imposed by Section 621. The Unfair Contract Terms Act 1977 continues to control unfair contractual provisions and notices in relation to contracts between businesses. Under the 1977 Act, it remains the case that a business cannot exclude or limit liability for death or personal injury caused by negligence2 or for breach of statutorily implied terms as to

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