s2(1) Unfair Contract Terms Act 1977
Liability in negligence for personal injury or death cannot be excluded
s62(4) Consumer Rights Act 2015
Term is unfair if it causes imbalance - unfairness
Curtis v Chemical Cleaning and Dyeing Co Ltd [1951]
An exclusion clause will not be effective if it has been misrepresented.
Alison (J Gordon) v Wallsend Shipway and Engineering Co [1927]
contra proferentem - exemption clause is traditionally construed against the party seeking to rely on it. Any ambiguity is interpreted in the manner least favourable to the person placing reliance on the clause.
Parker v South Eastern Railway [1877
Actual notice - If a contractual document is not signed, but the parties (unusually!) have read it, then they have actual notice of the terms which are therefore incorporated.
S11(1) UCTA 1977
The reasonableness test
S62(5) CRA 2015
The fairness test
S65 CRA 2015
A term excluding liability for injury from negligence is automatically ineffective
Chapelton v Barry UDC [1940]
An exclusion clause will only be enforceable if it is included in a document that might reasonably be expected to include contractual terms
