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3 Unfair contract terms act 1977

3.1 (a) The Act applies to exclusion clauses used in a business (including a profession) and says:?

(b) Business liability is that arising from:

from occupation of premises for business purposes.

3.2 Act applies to contracts with businesses and contracts with consumers.

3.3 “Consumer” defined in Act as:

(a) Person not making contract in course of business.

(b) For SOGA contracts goods will be for private use.

(c) Other party does act in course of business.

Clauses prohibited

3.4 Provisions relating to all business contracts:

(i) Cannot exclude liability for death and personal injury arising from negligence.

(ii) Cannot exclude liability for title provisions of SOGA.

3.5 Provisions relating to consumer contracts:

– Cannot exclude any of the implied terms of SOGA 1979.

Clauses permitted

3.6 (a) Other clauses in contracts will only be upheld if they are 'reasonable'.

(b) Examples include exclusion of SOGA terms in contracts with businesses or in consumer contracts clauses entitling one party to render a substantially different contract performance.