What I was citing was the Unfair Contract Terms Act 1977, which says that under English law you cannot contractually exclude liability for causing personal injury or death. You may be able to exclude liability for damage or monetary losses, but this will depend on the circumstances. There are entire chapters of books on IT law covering this, so it would be hard for me to provide a brief summary. However, some of the important factors will include:
- whether the party the exclusion clause operates against is a consumer rather than acting in the course of business; - whether the exclusion clause was negotiated or was imposed as a standard condition; - whether the clause excludes liability or just limits it; - how closely connected to any fault the losses are that are excluded.
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branchandroot
no subject
Date: 2012-04-16 19:21 (UTC)What I was citing was the Unfair Contract Terms Act 1977, which says that under English law you cannot contractually exclude liability for causing personal injury or death. You may be able to exclude liability for damage or monetary losses, but this will depend on the circumstances. There are entire chapters of books on IT law covering this, so it would be hard for me to provide a brief summary. However, some of the important factors will include:
- whether the party the exclusion clause operates against is a consumer rather than acting in the course of business;
- whether the exclusion clause was negotiated or was imposed as a standard condition;
- whether the clause excludes liability or just limits it;
- how closely connected to any fault the losses are that are excluded.