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?

read titleRead full title
Copyright © 2025 LexisNexis
Published by a LexisNexis Commercial expert
Published on: 10 March 2021
imgtext

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

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

Read more readmore

Popular documents

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Brussels I (recast)—domicile (Arts 4 and 63) [Archived]

Brussels I (recast)—domicile (Arts 4 and 63) [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the general rule set out in Article 4 of Regulation (EU) 1215/2012, Brussels I (recast) when determining the relevance of a defendant’s domicile to