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Legislation
Consumer Rights Act 2015

Crossheading What are the general rules about fairness of contract terms and notices?

  • Section 62 Requirement for contract terms and notices to be fair
  • Section 63 Contract terms which may or must be regarded as unfair
  • Section 64 Exclusion from assessment of fairness
  • Section 65 Bar on exclusion or restriction of negligence liability
  • Section 66 Scope of section 65
  • Section 67 Effect of an unfair term on the rest of a contract
  • Section 68 Requirement for transparency
  • Section 69 Contract terms that may have different meanings
  1. What are the general rules about fairness of contract terms and notices?
  2. Scope of section 65

Section 66 | Scope of section 65

From legislation.gov.uk

(1) does not apply to—

(a)any contract so far as it is a contract of insurance, including a contract to pay an annuity on human life, or

(b)any contract so far as it relates to the creation or transfer of an interest in land.

(2) does not affect the validity of any discharge or indemnity given by a person in consideration of the receipt by that person of compensation in settlement of any claim the person has.

(3) does not—

(a)apply to liability which is excluded or discharged as mentioned in section 4(2)(a) (exception to liability to pay damages to relatives) of the Damages (Scotland) Act 2011, or

(b)affect the operation of (discharge of liability to pay damages: exception for mesothelioma) of that Act.

(4) does not apply to the liability of an occupier of premises to a person who obtains access to the premises for recreational purposes if—

(a)the person suffers loss or damage because of the dangerous state of the premises, and

(b)allowing the person access for those purposes is not within the purposes of the occupier's trade, business, craft or profession.

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