PART 2Unfair terms

What are the general rules about fairness of contract terms and notices?

I166Scope of section 65

1

Section 65 does not apply to—

a

any contract so far as it is a contract of insurance, including a contract to pay an annuity on human life, or

b

any contract so far as it relates to the creation or transfer of an interest in land.

2

Section 65 does not affect the validity of any discharge or indemnity given by a person in consideration of the receipt by that person of compensation in settlement of any claim the person has.

3

Section 65 does not—

a

apply to liability which is excluded or discharged as mentioned in section 4(2)(a) (exception to liability to pay damages to relatives) of the Damages (Scotland) Act 2011, or

b

affect the operation of section 5 (discharge of liability to pay damages: exception for mesothelioma) of that Act.

4

Section 65 does not apply to the liability of an occupier of premises to a person who obtains access to the premises for recreational purposes if—

a

the person suffers loss or damage because of the dangerous state of the premises, and

b

allowing the person access for those purposes is not within the purposes of the occupier's trade, business, craft or profession.