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OCCUPIERS’ LIABILITY, PRODUCT LIABILITY - Coggle Diagram
OCCUPIERS’ LIABILITY
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EXCLUSION CLAUSES
OLA 1957
Occupier can restrict, modify or exclude their duty to visitors BUT 4 restrictions:1. Section 3 OLA 1957
Occupier cannot, by contract, exclude or restrict common duty of care which they owe to 3P2. Unfair Contract Terms Act 1977
Restricts use of exclusion clauses/notices to exclude / limit liability for negligence for business to business' liability:
- person cannot exclude/restrict their liability for death or personal injury
- person can exclude/restrict their liability for negligence if term/notice satisfies requirement of reasonableness
- requirement of reasonableness = fair + reasonable to allow reliance on notice, having regard to all circumstances when liability would have arisen
3. Consumer Rights Act 2015
Restricts use of exclusion clauses/notices to exclude or limit liability for negligence where defendant is trader + claimant is consumer
- trader cannot exclude/restrict their liability for death or personal injury
- trader can exclude/restrict their liability for negligence if the term/notice is fair
- unfair = contrary to requirement of good faith + causes significant imbalance in parties’ rights and obligations under contract to the detriment of consumer
4. OLA 1957: common law restrictions
If UCTA or CRA 2015 do not apply = common law can restrict it by minimum legal standard of care > If there was a substantial probability that accident would happen, yet cost/practicalities of making premises safe were minimal > unreasonable to exclude or restrict liability
OLA 1984
silent as to whether it is possible to exclude liability
ONLY common law restriction would apply as to the OLA 1957
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