Unfair Contract Terms Act 1977: Core legislation governing the validity and enforceability of exclusion and limitation clauses in contracts. Particularly relevant for hold harmless agreements as it sets limits on what liability can be excluded.
Contracts (Rights of Third Parties) Act 1999: Legislation that governs how third parties may enforce terms of a contract. Important for understanding how the hold harmless provisions might affect parties not directly party to the agreement.
Supply of Goods and Services Act 1982: Sets out implied terms in contracts for the supply of goods and services, which may need to be considered in the context of the contractor's work.
Consumer Rights Act 2015: Relevant if the agreement might involve consumer contracts, setting out mandatory protections that cannot be contracted out of.
Common Law Contract Formation: Fundamental principles regarding offer, acceptance, consideration, and intention to create legal relations that must be satisfied for a valid contract.
Doctrine of Privity: Legal principle that only parties to a contract can enforce its terms, with exceptions under the Contracts (Rights of Third Parties) Act 1999.
Indemnification Principles: Legal principles governing how indemnity clauses are interpreted and enforced under English law.
Limitation of Liability Rules: Legal framework for how liability can be limited or excluded in commercial contracts, subject to reasonableness tests.
Construction Industry Scheme Regulations: Specific regulations affecting construction contractors that may need to be considered if the agreement relates to construction work.
Health and Safety at Work Act 1974: Primary legislation governing workplace safety that cannot be contracted out of and must be considered in contractor agreements.
Construction (Design and Management) Regulations 2015: Specific regulations governing construction projects, relevant if the agreement relates to construction work.
Death/Personal Injury Liability Exclusion: Legal principle that liability for death or personal injury caused by negligence cannot be excluded under any circumstances.
Fraud Liability Exclusion: Legal principle that liability for fraud cannot be excluded under any circumstances.
UCTA Reasonableness Test: Statutory requirement that any exclusion or limitation clause must satisfy the test of reasonableness under the Unfair Contract Terms Act.
Insurance Requirements: Legal framework regarding professional indemnity, public liability, and employer's liability insurance requirements for contractors.
