74. Agreements to exclude or restrict liability.

(3)     Exclusion of Liability

74.     Agreements to exclude or restrict liability.

The Unfair Contract Terms Act 19771 applies to liability for negligence, which for this purpose means the breach2:

  1.  

    (1)     of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract3;

  2.  

    (2)     of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty)4; or

  3.  

    (3)     of the common duty of care5 imposed by the Occupiers' Liability Act 19576.

The negligence must arise from