British Statutes Worth Replicating


The British “Unfair Contract Terms Act of 1977” makes contract terms, that purport to waive liability for one’s own negligence and the negligence of one’s own agents and employees that causes death or personal injury, void as a matter of law.  The full text of the statute, with separate British and Scottish provisions, is found here.

It also prohibits waivers of a variety of implied contractual warranties in sales by businesses to consumers.

It also limits terms designed to limit liability for misrepresentations to “reasonable” limitations.

These bounds are further expanded by the Unfair Terms in Consumer Contracts Regulations of 1999, that, among other things, interprets all ambiguities in business agreements with consumers against the business.  This statute overlaps with the 1977 Act and implements certain similar EU directives.

By comparison, it is usually possible in U.S. law to waive liability for negligence (although not gross negligence, recklessness or intentional conduct), to waive implied contractual warranties, and to agree to remove the presumption that contracts are interpreted against the drafter.

from Wash Park Prophet
via Denver News

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