With reference to relevant statute to support your answer, explain whether or not a business can exclude liability in a contract for death and personal injury
resulting from negligence.
Dear Querist,
A person can exclude liability in a contract for death and personal injury resulting from negligence if that contract contains an exclusion of liability clause.
Such clauses exclude the liabilities of one of its parties. But some exceptions are always there. Sec.74 of the Indian contract act, 1872 talks about a specific amount to be paid if the contract is breached.
In the case of Simplex Concrete Piles (India) Limited v. Union of India, the high court of Delhi held that the damages can’t be waived if it is for public interest/public policy aspect. Individuals can claim the benefit under sec.23 of the Indian contract act along with sec. 55 and 73.
Regards,
Palak
