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law not distinguish between commercial and non-commercial transactions? Does it do so today? 4 If parties have the right to make contracts on their own terms, is this a right that can be abused?
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Photo Production Ltd v Securicor Transport Ltd [1980] AC 827 House of Lords

(See p 552.)

Unfair Contract Terms Act 1977 (c 50)

(See also p 555.)

1 Scope of Part I

(1) For the purposes of this Part of this Act, ‘negligence’ means the breach

(a) of any obligation, arising 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 (but not any stricter duty);…

(3) In the case of both contract and tort, subsections 2-7 apply…only to business liability…

2 Negligence liability

(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.