Commentary

124.1 Meaning of negligence

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

124.1 Meaning of negligence

| Commentary

124 Negligence

124.1 Meaning of negligence

For the purposes of the Unfair Contract Terms Act 1977 Part 1, ‘Negligence’ means both1:

  1. 124.1.1

        the breach of any obligation arising from an express or implied term:

    1. (a)

          to take reasonable care, or

    2. (b)

          to exercise reasonable skill,

    in the performance of the contract; and

  2. 124.1.2

        the breach of any common law duty:

    1. (a)

          to take reasonable care, or

    2. (b)

          to exercise reasonable skill,

    but not any stricter duty2.

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