Unfair Contract Terms Act 1977: Key legislation that restricts the ability to exclude liability for personal injury or death. Section 2(1) explicitly prohibits exclusion or restriction of liability for death or personal injury resulting from negligence.
Consumer Rights Act 2015: Applicable for consumer services, dealing with unfair terms in consumer contracts. Requires all terms to be transparent and prominent. Important for ensuring the waiver terms are fair and clear.
Occupiers' Liability Acts 1957 and 1984: Establishes the duty of care owed to both lawful visitors and trespassers on premises. Relevant when injuries might occur on specific premises or property.
Health and Safety at Work Act 1974: Relevant for workplace-related waivers. Importantly, parties cannot contract out of statutory duties related to workplace health and safety.
Common Law Principles: Encompasses reasonableness test, doctrine of fundamental breach, and rules regarding incorporation of terms. These principles guide the interpretation and enforceability of liability waivers.
Liability Waiver Enforceability Principle: Pure liability waivers for personal injury are generally unenforceable in England and Wales. Documents should focus on risk acknowledgment rather than complete liability waiver.
