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Unfair Contract Terms Act 1977: Primary legislation governing the limitations and effectiveness of exclusion clauses and liability waivers in England and Wales. Particularly important is Section 2(1) which prohibits exclusion of liability for death or personal injury caused by negligence.

Consumer Rights Act 2015: Key legislation that must be considered when the waiver involves consumers (B2C relationships). Sets out requirements for fairness and transparency in consumer contracts.

Misrepresentation Act 1967: Governs the legal framework around false or misleading statements that induce contract formation, including limitations on excluding liability for misrepresentation.

Occupiers' Liability Acts 1957 and 1984: Establishes the duty of care owed to lawful visitors (1957 Act) and trespassers (1984 Act). Relevant when the waiver relates to premises or property access.

Doctrine of Fundamental Breach: Common law principle that prevents a party from relying on an exclusion clause if they have committed a breach that goes to the root of the contract.

Principle of Reasonableness: Common law requirement that any exclusion or limitation of liability must satisfy the test of reasonableness as defined in UCTA Schedule 2.

Incorporation of Terms: Common law rules governing how terms must be properly incorporated into a contract, including requirements for notice and timing of presentation of terms.

Contra Proferentem Rule: Legal doctrine stating that ambiguous contract terms should be interpreted against the interests of the party that drafted the contract.

B2B vs B2C Considerations: Different rules and levels of scrutiny apply depending on whether the waiver is between businesses or involves a consumer, with stronger protections for consumers.

Fraud Limitation: Legal principle that liability for fraud cannot be excluded under English law, regardless of the waiver's wording.