CIMA BA4 · Chapter 11 · Question 5 of 10
Under English law, which statement about exclusion clauses is correct?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) Liability for death or personal injury resulting from negligence cannot be excluded
Explanation
Under statute (the Unfair Contract Terms Act 1977 for business contracts, and the Consumer Rights Act 2015 for consumer contracts), liability for death or personal injury caused by negligence cannot be excluded. Notice must be given before or at the time of contracting (Olley v Marlborough Court Hotel), and ambiguities are construed against the party relying on the clause (contra proferentem).
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