PART 2Unfair terms
What are the general rules about fairness of contract terms and notices?
I165Bar on exclusion or restriction of negligence liability
1
A trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal injury resulting from negligence.
2
Where a term of a consumer contract, or a consumer notice, purports to exclude or restrict a trader's liability for negligence, a person is not to be taken to have voluntarily accepted any risk merely because the person agreed to or knew about the term or notice.
3
In this section “personal injury” includes any disease and any impairment of physical or mental condition.
4
In this section “negligence” means the breach of—
a
any obligation to take reasonable care or exercise reasonable skill in the performance of a contract where the obligation arises from an express or implied term of the contract,
b
a common law duty to take reasonable care or exercise reasonable skill,
c
the common duty of care imposed by the Occupiers' Liability Act 1957 or the Occupiers' Liability Act (Northern Ireland) 1957, or
d
the duty of reasonable care imposed by section 2(1) of the Occupiers' Liability (Scotland) Act 1960.
5
It is immaterial for the purposes of subsection (4)—
a
whether a breach of duty or obligation was inadvertent or intentional, or
b
whether liability for it arises directly or vicariously.
6
This section is subject to section 66 (which makes provision about the scope of this section).