Unfair Contract Terms Act 1977

Scope of Part I

(1) For the purposes of this Part of this Act, “negligence” means the breach— (a) of any obligation, arising from the express or implied terms of a contract…

Negligence liability

(1) 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…

Liability arising in contract

(1) This section applies as between contracting parties where one of them deals ... on the other’s written standard terms of business. (2) As against that…

Sale and hire purchase

(1) Liability for breach of the obligations arising from— (a) section 12 of the Sale of Goods Act 1979(seller’s implied undertakings as to title, etc.); (b)…

Miscellaneous contracts under which goods pass

(1) Where the possession or ownership of goods passes under or in pursuance of a contract not governed by the law of sale of goods or hire-purchase…

Misrepresentation

(1) In the Misrepresentation Act 1967, the following is substituted for section 3— Avoidance of provision excluding liability for misrepresentation. 3 If a…

Evasion by means of secondary contract

A person is not bound by any contract term prejudicing or taking away rights of his which arise under, or in connection with the performance of, another…

The “reasonableness” test

(1) In relation to a contract term, the requirement of reasonableness for the purposes of this Part of this Act, section 3 of the Misrepresentation Act 1967…

Varieties of exemption clause

(1) To the extent that this Part of this Act prevents the exclusion or restriction of any liability it also prevents— (a) making the liability or its…

Interpretation of Part I

In this Part of this Act— “business” includes a profession and the activities of any government department or local or public authority; “consumer contract”…

Scope of Part II

(1) This Part of this Act … is subject to Part III of this Act and does not affect the validity, of any discharge or indemnity given by a person in…

Liability for breach of duty

(1) Subject to subsection (1A) below, Where a term of a contract, or a provision of a notice given to persons generally or to particular persons, purports to…

Control of unreasonable exemptions in ... standard form contracts

(1) Any term of a contract which is ... a standard form contract shall have no effect for the purpose of enabling a party to the contract— (a) who is in breach…

Obligations implied by law in sale and hire-purchase contracts

(1) Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from— (a) section 12 of the Sale of Goods Act…

Obligations implied by law in other contracts for the supply of goods

(1) Any term of a contract to which this section applies purporting to exclude or restrict liability for breach of an obligationsuch as is referred to in…

Evasion by means of secondary contract

Any term of any contract shall be void which purports to exclude or restrict, or has the effect of excluding or restricting— (a) the exercise, by a party to…

The “reasonableness” test

(1) In determining for the purposes of this Part of this Act whether it was fair and reasonable to incorporate a term in a contract, regard shall be had only…

Interpretation of Part II

(1) In this Part of this Act— “breach of duty” means the breach — of any obligation, arising from the express or implied terms of a contract, to take…

International supply contracts

(1) The limits imposed by this Act on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability…

Choice of law clauses

(1) Where the law applicable to a contract is the law of any part of the United Kingdom only by choice of the parties (and apart from that choice would be the…

Saving for other relevant legislation

(1) Nothing in this Act removes or restricts the effect of, or prevents reliance upon, any contractual provision which— (a) is authorised or required by the…

Commencement; amendments; repeals

(1) This Act comes into force on 1st February 1978. (2) Nothing in this Act applies to contracts made before the date on which it comes into force; but subject…

Citation and extent

(1) This Act may be cited as the Unfair Contract Terms Act 1977. (2) Part I of this Act extends to England and Wales and to Northern Ireland; but it does not…

Sch. 1 para. 1

Sections 2 and 3 of this Act do not extend to— (a) any contract of insurance (including a contract to pay an annuity on human life); (b) any contract so far as…

Sch. 1 para. 2

Section 2(1) extends to— (a) any contract of marine salvage or towage; (b) any charterparty of a ship or hovercraft; and (c) any contract for the carriage of…

Sch. 1 para. 3

Where goods are carried by ship or hovercraft in pursuance of a contract which either— (a) specifies that as the means of carriage over part of the journey to…

Sch. 1 para. 4

Section 2(1) and (2) do not extend to a contract of employment, except in favour of the employee.

Sch. 1 para. 5

Section 2(1) does not affect the validity of any discharge and indemnity given by a person, on or in connection with an award to him of compensation for…