6.2 An Act of Parliament

The text on the first page of the Unfair Contract Terms Act 1977 reads:

An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract, or for negligence or other breach of duty, can be avoided by means of contract terms and otherwise, and under the law of Scotland civil liability can be avoided by means of contract terms.

Be IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

Amendment of law for England and Wales and Northern Ireland

Introductory

1.— Scope of Part I

1. For the purposes of this Part of this Act, ‘negligence’ means the breach—
   • a.of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;
   • b.of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
   • c.of the common duty of care imposed by the Occupiers’ Liability Act 1957 or the Occupiers’ Liability Act (Northern Ireland) 1957.
2. This Part of this Act is subject to Part III; and in relation to contracts, the operation of sections 2 to 4 and 7 is subject to exceptions made by Schedule 1.
3. In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising—