Actually, it IS possible to exclude tortious liability (e.g for
negligence) in a contract.
But that is subject to the Unfair Contract Terms Act (which applies to
both contract and tort) and the Unfair Terms in Consumer Contracts
Regulations. There are some things (like death and personal injury)
which cannot effectively be excluded and any term purporting to exclude
them is void.
Nigel
Ian Welton wrote:
> If BT ever gets a scheme of this type sorted I wonder how they would expect
> to deal with ex-directory or unlisted numbers.
>
> Although possible to wish that negligence should not be actionable I was
> under the impression that it was not legally possible to contractually write
> out liability for negligence. If it is possible to do so then there is no
> need to ever worry about Principle 7, create a contract clause and no need
> to worry.
>
> Ian W
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