Many people, including large or small companies, will have entered into agreements or contracts for goods or services with others, whose written standard terms of business seek to rule out completely, avoid, or limit, their liability for negligence, breach of contract, misrepresentation or whose terms even include a provision requiring an indemnity!
This is a frequently met situation and often a blanket attempt to avoid any type of Liability for death or injury resulting from negligence cannot be excluded at all. Any provision limiting or excluding liability for any other loss or damage caused by negligence must be reasonable.
With regard to contracts, usually the “unfair contract term” is part of a set of printed standard terms of contract, where in effect you will have been offered “a take it or leave it” choice. But this is not essential. Even a company or business may well have a remedy. The “guilty” party is often simply “trying it on”.
All is not lost, however, because in England and Wales the law will prevent the other party from relying on these terms, if they are unfair. The answer to whether a term is unfair or reasonable is not always straightforward and there are various guidelines to be considered.
Laurence Kingsley has often dealt with such situations and may well be able to assist you in defeating the other party’s attempt to evade justice!