It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability.

It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No.

The Law Commission and the Scottish Law Commission have recommended that the Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977 should be replaced by a more unified and coherent regime.

s2(2), exclusion of liability for all types of negligence (other than for death or personal injury which is banned) must satisfy the requirement of reasonableness.

s6(3), Implied terms as to description, quality and sample (Sale of Goods Act 1979 ss 13–15) may only be reasonably excluded where neither party is dealing as a consumer.

s 12,[3] A party deals as a consumer if Section 11 provides some guidance but most development has been in common law.