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ACCA LW · Chapter 3 · Question 7 of 10

In a business-to-business contract, a supplier includes a clause excluding liability for death or personal injury resulting from its negligence. Under the Unfair Contract Terms Act 1977, what is the effect of this clause?

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Reveal answer & explanation

Correct answer: C) It is void and of no effect

Explanation

Section 2(1) of UCTA 1977 provides that a person cannot, by any contract term or notice, exclude or restrict liability for death or personal injury resulting from negligence. Exclusion of liability for other loss caused by negligence is subject to the reasonableness test. UCTA continues to govern business-to-business contracts, while consumer contracts are now covered by the Consumer Rights Act 2015.

All 10 questions in Chapter 3Contract terms MCQs with answers

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