Also, before starting construction work, it is recommended to study the design of the apartment which can be done to overcome the lighting right of the neighboring owner. Effect of exclusion clause/noticea. 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, unless there is liability for loss or damage (section 2(2) ). In this case, Maxwell should place the exemption notice to avoid a lawsuit against the occupant. Unless there is a breach of duty of care arising under the Occupier's Liability Act 1957, if children enter the site without reasonable care on the part of the occupier and cause physical injury or death to the children, the occupier or Maxwell will be liable for negligence. B. Exclusion of liability for breach of contract In Section 3(1) and (2) of the UCTA it is not possible to use an exclusion clause to avoid liability for breach of contract, including failure to perform a contract unless is "fair and reasonable"c. Exclusion of liability for terms implied by law in the sale of goods