Q&As

Does the prohibition to exclude or restrict liability for death or personal injury resulting from negligence in section 2 of the Unfair Contract Terms Act 1977 include the death of non-human animals and plants?

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Published on LexisPSL on 10/03/2021

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Does the prohibition to exclude or restrict liability for death or personal injury resulting from negligence in section 2 of the Unfair Contract Terms Act 1977 include the death of non-human animals and plants?
  • Nature of the contract—business or consumer?
  • Remit of the Unfair Contract Terms Act 1977
  • What is meant by ‘death or personal injury’ in UCTA 1977, s 2?

We have assumed that:

  1. the context for the question is a review of the terms of business of a landscape gardening company

  2. you are referring to a business-to-business (B2B) transaction

We do not have a Practice Note which discusses this particular question, however, the following may be of assistance:

Nature of the contract—business or consumer?

The extent to which liability can be excluded or limited is heavily dependent on whether the contract is a B2B contract or a business-to-consumer (B2C) contract.

It is generally more difficult for businesses to exclude or limit their liability in relation to B2C contracts, which are subject to the Consumer Rights Act 2015.

Establish at the outset whether the contract is caught by consumer legislation and ensure that any exemptions are drafted accordingly.

If it is likely that the same form of contract may be used by both businesses and consumers (for example, in the case of standard terms and conditions for the sale of goods) consider producing two separate versions.

For more information on the restrictions applicable to limitation of liability clauses in B2C co

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