Category Archives: M – Kerugian

Negligence

Section 1 of the Unfair Contract Terms Act 1977 defines negligence as:

-          The obligation arising from the express or implied terms of a contract, to take care or exercise reasonable skill in the performance of the contract.

-          The same meaning applies if there is a common low duty; or

-          If there is common duty of care imposed by the Occupiers Liability Act 1957 or Occupiers Liability Act (Northern Ireland) 1957

This definition matches closely that which the courts have used over the years and as such, does not impose an absolute duty but uses the word ‘reasonable’ throughout

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