The case of Smith v Eric S. Bush [1989] 2 WLR 790 makes it clear that any attempt to rely on a disclaimer of responsibility will now be subject to the Unfair Contract Terms Act 1977.
Section 2 of the Unfair Contract Terms Act 1977 regulates attempts to restrict or exclude negligence liability. Section 1(3) makes it clear that [...]. By virtue of s 2(1) any purported disclaimer of responsibility for negligence is invalid in so far as it tries to limit, exclude or restrict liability for death or personal injury. In relation to other negligently caused damage, the disclaimer must satisfy the test of reasonableness (s 2(2)). What is reasonable will depend on all the circumstances of the case (see s 11 and Sch 2).
Answer
this section only applies to defendants acting in the course of business
Tags
#law #negligence #pel #tort
Question
The case of Smith v Eric S. Bush [1989] 2 WLR 790 makes it clear that any attempt to rely on a disclaimer of responsibility will now be subject to the Unfair Contract Terms Act 1977.
Section 2 of the Unfair Contract Terms Act 1977 regulates attempts to restrict or exclude negligence liability. Section 1(3) makes it clear that [...]. By virtue of s 2(1) any purported disclaimer of responsibility for negligence is invalid in so far as it tries to limit, exclude or restrict liability for death or personal injury. In relation to other negligently caused damage, the disclaimer must satisfy the test of reasonableness (s 2(2)). What is reasonable will depend on all the circumstances of the case (see s 11 and Sch 2).
Answer
?
Tags
#law #negligence #pel #tort
Question
The case of Smith v Eric S. Bush [1989] 2 WLR 790 makes it clear that any attempt to rely on a disclaimer of responsibility will now be subject to the Unfair Contract Terms Act 1977.
Section 2 of the Unfair Contract Terms Act 1977 regulates attempts to restrict or exclude negligence liability. Section 1(3) makes it clear that [...]. By virtue of s 2(1) any purported disclaimer of responsibility for negligence is invalid in so far as it tries to limit, exclude or restrict liability for death or personal injury. In relation to other negligently caused damage, the disclaimer must satisfy the test of reasonableness (s 2(2)). What is reasonable will depend on all the circumstances of the case (see s 11 and Sch 2).
Answer
this section only applies to defendants acting in the course of business
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Open it isclaimer of responsibility will now be subject to the Unfair Contract Terms Act 1977.
Section 2 of the Unfair Contract Terms Act 1977 regulates attempts to restrict or exclude negligence liability. Section 1(3) makes it clear that <span>this section only applies to defendants acting in the course of business. By virtue of s 2(1) any purported disclaimer of responsibility for negligence is invalid in so far as it tries to limit, exclude or restrict liability for death or personal injury. In
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