Unfair Contract Terms Act 1977: Key legislation that prohibits exclusion of liability for death or personal injury resulting from negligence (Section 2(1)). Places restrictions on excluding other types of loss or damage. Must be considered as a fundamental limitation on what can be waived.
Consumer Rights Act 2015: Applies to business-to-consumer (B2C) relationships. Sets requirements for fairness and transparency in contracts and places restrictions on unfair terms. Must be considered if the waiver will be used with consumers.
Occupiers' Liability Acts 1957 and 1984: Defines legal duties owed to both lawful visitors and trespassers on premises. Understanding these Acts is crucial as they establish the extent to which duties can be modified by contract.
Health and Safety at Work Act 1974: Relevant for workplace-related waivers. Establishes statutory duties that cannot be contracted out of. Must be considered if the waiver involves any workplace activities.
Common Law Principles: Includes doctrine of fundamental breach, reasonableness test, and principles of contractual interpretation. These principles form the foundational framework for how courts will interpret the waiver.
Misrepresentation Act 1967: Governs the accuracy of contractual statements and representations. Important for ensuring clarity and avoiding misleading terms in the waiver. Cannot exclude liability for fraudulent misrepresentation.
