Unfair Contract Terms Act 1977: Primary legislation that regulates unfair terms in contracts, particularly exclusion clauses. Cannot exclude liability for death, personal injury, or unreasonable terms.
Consumer Rights Act 2015: Key legislation that applies when one party is a consumer, providing additional protections and rights for consumers in contracts.
Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for hold harmless agreements affecting third party rights.
Supply of Goods and Services Act 1982: Legislation setting out implied terms in contracts for the supply of goods and services, which may affect indemnity provisions.
Doctrine of Consideration: Common law principle requiring that all contracts must be supported by consideration (something of value) to be legally binding.
Contract Formation Principles: Common law rules governing how valid contracts are formed, including offer, acceptance, intention to create legal relations, and certainty of terms.
Privity of Contract: Legal doctrine stating that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract.
Reasonableness Test: Legal requirement that exclusion clauses and indemnity provisions must be reasonable to be enforceable under English law.
Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964]: Key case law establishing the principle of liability for negligent misstatement and the scope of duty of care.
Smith v Eric S Bush [1990]: Landmark case concerning the reasonableness of exclusion clauses and the limits of liability disclaimers.
Photo Production Ltd v Securicor Transport Ltd [1980]: Important case law regarding the enforcement of exclusion clauses in commercial contracts.
