英國1977《反不公平契約條款法》_unfair_contract_terms_act_1977

1、Unfair Contract Terms Act 1977Part IAmendment of Law for England and Wales and Northern Ireland1 Scope of Part I(1) For the purposes of this Part of this Act, “negligence” means the breach—(a) of any obligation, arising

2、from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;(b) of any common law duty to take reasonable care or exercise reasonable skill (bu

3、t not any stricter duty);(c) of the common duty of care imposed by the Occupiers’ Liability Act 1957 or the Occupiers’ Liability Act (Northern Ireland) 1957.(2) This Part of this Act is subject to Part III; and in relati

4、on to contracts, the operation of sections 2 to 4 and 7 is subject to the exceptions made by Schedule 1.(3) In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(

5、4)) only to business liability, that is liability for breach of obligations or duties arising—(a) from things done or to be done by a person in the course of a business (whether his own business or another’s); or(b) fro

6、m the occupation of premises used for business purposes of the occupier;and references to liability are to be read accordingly but liability of an occupier of premises for breach of an obligation or duty towards a pers

7、on obtaining access to the premises for recreational or educational purposes, being liability for loss or damage suffered by reason of the dangerous state of the premises, is not a business liability of the occupier un

8、less granting that person such access for the purposes concerned falls within the business purposes of the made to indemnify another person (whether a party to the contract or not) in respect of liability that may be in

9、curred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.(2) This section applies whether the liability in question—(a) is directly that

10、 of the person to be indemnified or is incurred by him vicariously;(b) is to the person dealing as consumer or to someone else.5 “Guarantee“ of consumer goods(1) In the case of goods of a type ordinarily supplied for pr

11、ivate use or consumption, whereloss or damage—(a) arises from the goods proving defective while in consumer use; and (b) results from the negligence of a person concerned in the manufacture or distribution of the goods,l

12、iability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.(2) For these purposes—(a) goods are to be

13、regarded as “in consumer use” when a person is using them, or has them in his possession for use, otherwise than exclusively for the purposes of a business; and(b) anything in writing is a guarantee if it contains or pu

14、rports to contain some promise or assurance (however worded or presented) that defects will be made good by complete or partial replacement, or by repair, monetary compensation or otherwise.(3) This section does not ap