Commentary

124.2 Excluding or restricting negligence liability

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

124.2 Excluding or restricting negligence liability

| Commentary

124.2 Excluding or restricting negligence liability

Liability for death or personal injury1 resulting from negligence cannot be excluded or restricted2.

This applies to exclusions or restrictions in any contract term or notice given to a particular person or persons generally.

Liability for other loss or damage resulting from negligence has to satisfy the requirement of reasonableness. This applies to exclusions or restrictions in any contract term or notice3.

A person’s agreement to or awareness of a contract term or notice purporting to exclude or restrict liability for negligence it is not of itself to be

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