Limitations of Liability

“The clauses which set out the limitations of liability and the cap on liability are fundamental provisions for both a buyer and a seller – but why? What happens if these clauses are not properly drafted or the agreement is a standard, un-negotiated, set of conditions? What cannot be excluded or limited by law? The level of limitation can be ‘aggregate’, ‘per claim’ or ‘over a time period’, what are the pros and cons of each option? We finish the podcast with a number of real world examples of these clauses and our thoughts on them.” 

Mark Chapman
Partner, Commercial
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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