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 things done or to be done by a person in the course of a business7