An exclusion notice at the gate is only as good as the rules that govern it. This chapter starts with the mechanisms an occupier might use to avoid liability and the scope section 2(1) of the 1957 Act gives to modify the common duty of care, contrasting the position for lawful visitors with that for trespassers under the 1984 Act. It then works through the hurdles of incorporation and construction, before turning to the statutory controls in UCTA 1977 and the Consumer Rights Act 2015, including the absolute bar on excluding liability for death or personal injury. Finally, it examines the position of third parties to a contract, what a warning must achieve to discharge the duty, and how exclusion differs from the volenti defence.
