Unfair Contract Terms Act 1977

25 Interpretation of Part II

(1) In this Part of this Act—

• " breach of duty " means the breach—

  (a)

  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 contract;

  (b)

  of any common law duty to take reasonable care or exercise reasonable skill;

  (c)

  of the duty of reasonable care imposed by section 2(1) of the [1960 c. 30.] Occupiers' Liability (Scotland) Act 1960;

• " business " includes a profession and the activities of any government department or local or public authority;

• " consumer " has the meaning assigned to that expression in the definition in this section of " consumer contract ";

• " consumer contract " means a contract (not being a contract of sale by auction or competitive tender) in which—

  (a)

  one party to the contract deals, and the other party to the contract (" the consumer") does not deal or hold himself out as dealing, in the course of a business, and

  (b)

  in the case of a contract such as is mentioned in section 15(2)(a) of this Act, the goods are of a type ordinarily supplied for private use or consumption;

  and for the purposes of this Part of this Act the onus of proving that a contract is not to be regarded as a consumer contract shall lie on the party so contending ;

• " goods " has the same meaning as in the [56 & 57 Vict. c. 71.] Sale of Goods Act 1893 ;

• " hire-purchase agreement " has the same meaning as in section 189(1) of the [1974 c. 39.] Consumer Credit Act 1974 ;

• " personal injury " includes any disease and any impairment of physical or mental condition.

(2) In relation to any breach of duty or obligation, it is immaterial for any purpose of this Part of this Act whether the act or omission giving rise to that breach was inadvertent or intentional, or whether liability for it arises directly or vicariously.

(3) In this Part of this Act, any reference to excluding or restricting any liability includes—

(a) making the liability or its enforcement subject to any restrictive or onerous conditions ;

(b) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy;

(c) excluding or restricting any rule of evidence or procedure ;

(d) excluding or restricting any liability by reference to a notice having contractual effect,

but does not include an agreement to submit any question to arbitration.

(4) In subsection (3)(d) above " notice " includes an announcement, whether or not in writing, and any other communication or pretended communication.

(5) In sections 15 and 16 and 19 to 21 of this Act, any reference to excluding or restricting liability for breach of an obligation or duty shall include a reference to excluding or restricting the obligation or duty itself.