Commentary

50.2 Disclaimers distinguished from exemption clauses

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

50.2 Disclaimers distinguished from exemption clauses

| Commentary

50.2 Disclaimers distinguished from exemption clauses

A disclaimer of this kind can be distinguished from an exemption (exclusion or limitation of liability) clause. If a contract for the sale of goods provides that the supplier disclaims any express or implied warranties of fitness for purpose, the disclaimer would seek to prevent a warranty that the goods were fit for any purpose stated by the buyer. However, if such a warranty were given, an exemption clause in the same contract would seek to exclude or limit liability1 for breach of that warranty. Sometimes, however, an agreement will use the

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