In addition, before starting construction work, it is advisable to study the design of the apartment which can be carried out to overcome the lighting right of the neighboring owner. Effect of the exclusion clause / Avisa. Exclusion of liability for negligence Section 2(1) of the UCTA provides an ineffective exclusion clause to exclude liability for death or personal injury caused by negligence, other than liability for loss or damage (section 2 (2)) In this case, Maxwell should post the exemption notice to prevent the occupier from being prosecuted. Except in the event of a breach of the duty of care arising under the Occupier's Liability Act 1957, if children enter the premises without any reasonable care on the part of the occupier and cause physical injury or death to the children, the occupant or Maxwell will be liable for negligence. b. Exclusion of liability for breach of contract In the UCTA, Article 3(1) and (2) cannot use an exclusion clause to avoid liability for breach of contract, including failure to performance of a contract unless it is “just and reasonable” c. Exclusion of liability for statutory conditions implied in the sale of goods