WK 9 - Key sections of Unfair Contract Terms Act 1977

Question 1

ss. 2(1), 16(1)(a)

Answer 1

It is not possible to exclude liability for death or personal
injury

Question 2

ss. 2(2), 16(1)(b)

Answer 2

Otherwise, other terms excluding liability for breach have no
effect if not fair and reasonable to incorporate the term or to
allow reliance on the term

Question 3

ss. 2(3),16(3)

Answer 3

volenti non fit injuria

• Adding to contract is simply not enough to make other party aware of risk. More must be done.
• Extent of reliability if reasonable person proceeds with knowledge of risk. (e.g., railway line)

Question 4

s24(4)

Answer 4

The onus of proving that a term is fair and reasonable lies on the party seeking to rely upon it