Parliamentary controls

• S2(2) unfair contract Terms Act 1977

  Liability for death/personal injury arising from negligence can only be excluded from business-business contracts when
• S2(1) unfair contract terms Act 1977

  Liability for death/personal injury arising from negligence cannot  be excluded from consumer contracts
• S3 unfair contract terms Act 1977

  In SFCs liability can only be excluded for breachbreach of contract when when reasonable:

  1. How reasonable?
  2. The relative strength of bargaining powers
  3. Did C know of the existence of the EC 
• Smith v Eric Bush

  S3 UCTA 1977: how reasonable?
• George Mitchell v finney

  S3 UCTA 1977: Did CC know of the existance of the EC?
• S57 RA 2015

  Prevents any attempt to limit/exclude sectionssections relating to services
• S31 CRA 2015

  Prevents attempt to limit/ exclude sections in relationrelation to goods
• S65 CRA 2015

  Businesses can never exlude/limit liability for personal injury or death arising from negligence