... care in carrying out a contract; or b) failing to meet a common law duty of care (i.e., tort); or c) failing to meet the duty of care under the Occupiers' Liability Act 1957. Section 2 restricts the ability of one party to exclude his liability for negligence. By reference to any contract term or a notice, he cannot exclude or restrict his liability for death or personal injury resulting from negligence. Section 3 of the UCTA 1977 deals with liability in contract whereby it specifies that one party cannot exclude or restrict his own liability for breach of contract or render any performance substantially different from that expected of him, or render no performance at all, except in so far as the term satisfies the test of reasonableness providing one party is dealing as a consumer or on the other's 'written standard of terms of business'.2 Section 6 provides that the statutory ...

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