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The law of torts

Exclusion clauses

An exclusion clause is a provision within a contract which seeks to exclude or limit
liability for negligence. An exclusion clause may fall within the provisions of the Unfair
Contract Terms Act 1977 (See Chapter 2).

If an exclusion clause is found be valid, this constitutes a viable defence against any
action for negligence.

In addition, liability is excluded if it is possible to say that the act occurred in the
course of nature i.e. that it was an ‘act of god’; something beyond human foresight
which the defendant could not have been expected to provide against.

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