Unfair Contract Terms Act 1977 · 2020 Revised Edition · Part 1
2. Negligence liability
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A person cannot use a contract term or notice to exclude or limit liability for death or personal injury caused by negligence. For other loss or damage, the term or notice works only if it is reasonable. Agreeing to or knowing about such a term or notice does not by itself mean a person freely accepts the risk.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
notice
“notice” includes an announcement, whether or not in writing, and any other communication or pretended communication;
In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
negligence
“negligence” 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; or(b)of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).(2) This Part is subject to Part 3; and in relation to contracts, the operation of sections 2 to 4 and 7 is subject to the exceptions made by the First Schedule.(3) In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s), and references to liability are to be read accordingly.(4) In relation to any breach of duty or obligation, it is immaterial for any purpose of this Part whether the breach was inadvertent or intentional, or whether liability for it arises directly or vicariously. For the purposes of this Part,
Where a contract term or notice purports to exclude or restrict liability for negligence, a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.