... and terms that are not individually negotiated. I will look, in more detail, at this distinction. Furthermore I will look at the test of reasonableness used in UCTA and the test of fairness used in the regulations, which may differ. 1. Jurisdictional Issue Although the Regulations act as an addition to the consumers rights of action under UCTA the scope of the two rights differ in significant respects. We see this where UCTA is limited in its application to particular types of clauses such as exclusion, limitation and indemnity clauses. For example s.2 of the 1977 Act makes any clause, which attempts to limit or exclude liability for death or personal injury, caused by negligence, automatically invalid. However any attempts to limit or exclude liability for other loss or damage, caused by negligence, is only invalid if it fails the reasonableness test. This differs from the Regulations, whose application is not ...

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