Limitation of liability

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Practice notes
Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...
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19th May
Practice notes
The British Franchise Association (BFA)This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise...
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Produced in partnership with Tim Rickard of Fieldfisher and David Bond of Fieldfisher 19th May
Q&As
In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they...
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19th May
Precedents
[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...
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19th May
Practice notes
Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
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Produced in partnership with Morton Fraser 19th May
Practice notes
The EU Consumer Rights DirectiveThis Practice Note provides an overview of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU...
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19th May
Practice notes
Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...
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19th May
Practice notes
AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...
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19th May
Precedents
1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...
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19th May
Practice notes
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
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19th May
Practice notes
BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
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Produced in partnership with Quentin Tannock of 4 Pump Court 19th May
Precedents
Option 1—contract signed on behalf of a company, where the authorised signatory is an individual Signed by [insert name of...
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19th May
Practice notes
Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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19th May
Practice notes
Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...
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19th May
Practice notes
Incoterms® 2020 Rules—DPU Delivered at Place UnloadedThis Practice Note comprises the guidance note to the DPU Delivered at Place Unloaded Incoterm in...
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19th May
Practice notes
SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
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19th May

Most recent Limitation of liability content

Practice notes
Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at...
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17th Sep
Practice notes
Limitation—contract claimsIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for...
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15th Sep
Q&As
How do the English courts interpret the term ‘special damages’ in the context of a contractual limitation of liability provision? How is US-specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Sep
Q&As
Do you have examples of cases and Commentary where a limitation of liability for negligence in a business-to-business sale of goods agreement was...
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13th Sep
Q&As
Should internal staffing costs be deemed indirect or direct losses?'Direct loss' and 'indirect loss''Indirect loss' is most frequently considered in...
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13th Sep
Q&As
Are indirect losses recoverable under an indemnity, where the indemnity is silent on the point?Indemnities are often used together with warranties and...
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13th Sep
Q&As
What is the meaning of ‘consequential loss’ or ‘indirect loss’?In the absence of any agreed definition, where the phrase 'consequential loss' (or...
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Produced in partnership with Coral Peutrill of Harrison Clark Rickerbys 13th Sep
Q&As
Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?Traders seeking to rely on force majeure...
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13th Sep
Practice notes
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...
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13th Sep
Practice notes
Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
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13th Sep
Practice notes
Wilful misconduct and deliberate default in commercial contractsThis Practice Note sets out guidance upon the meaning, use and importance of commonly...
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Produced in partnership with Tim Wright of Fladgate 13th Sep
Q&As
What does it mean where a contract caps liability for breach to the ‘price paid’?Case scenario:Where a contract states that Party A’s liability for...
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13th Sep
Practice notes
Economic tort of unlawful interferenceAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from...
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9th Sep
Practice notes
Damages in tort claims—recovery and assessmentThis Practice Note considers what damages may be available as remedy for claims in tort, including...
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Produced in partnership with Lina Mattsson of Gatehouse Chambers 9th Sep
Practice notes
Liability for independent contractorsRemaining liable for acts and omissions of contractorsCommercial entities often delegate obligations or services...
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7th Sep
Practice notes
Limitation—latent damageBackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued...
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2nd Sep
Q&As
Can joint liability be implied into a contract?Meaning of joint, several and joint and several liabilityFor details on the meaning of the terms joint,...
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24th Aug
Q&As
Is it possible for parties in a business to business agreement to exclude, limit, or otherwise re-apportion liability as between themselves in respect...
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24th Aug
Practice notes
Exclusion and limitation of liability—business-to-consumerThis Practice Note considers exclusion and limitation of liability in business-to-consumer...
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23rd Aug

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