Damages and exclusion clauses

Damages and exclusion clauses guidance:

Contributive liability 1 In the event of any breach of any of the terms of this Deed where the Beneficiary has claims or would have claims had it obtained similar...

Precedents

Consequential loss 1 Consequential Loss means in relation to a breach of this Agreement, any indirect or consequential loss (including loss of production, loss of profit,...

Precedents

Exclusion of losses 1 In the event of a breach of this warranty the Contractor shall only be liable for the reasonable costs of repair, renewal and/or reinstatement of...

Precedents

Inadequacy of damages 1 [Each Party OR Party A] recognises that any breach or threatened breach of this Agreement may cause [the other Party OR Party B] irreparable harm...

Precedents

Indemnity 1 The Consultant shall indemnify and hold the Employer harmless from and against all losses (including without limitation loss of profit, business, goodwill and...

Precedents

Joint and several liability 1 Subject to clauses [Insert], the liabilities and obligations of [insert names of relevant parties] (the Promisors) under this Agreement are...

Precedents

Limit of liability Financial cap 1 The Consultant's liability under or in connection with this Appointment shall not exceed a maximum amount of £[insert] million for each...

Precedents

Limitation period 1 [No action or proceedings for any breach of this Agreement shall be commenced against the [Consultant OR Contractor] after the expiry of six years...

Precedents

This Practice Note provides specific guidance on exclusions and limits of liability relevant to consultant appointments. It should be read alongside Practice Note:...

Practice Note

This Practice Note provides guidance on limitation clauses and exclusion clauses (sometimes referred to as exemption or exception clauses) in construction contracts,...

Practice Note

Net contribution 1 The Consultant’s liability for the Employer’s losses shall be limited to that proportion thereof which it would be just and equitable to require the...

Precedents

No greater liability Consultant warranty 1 The Consultant warrants and undertakes to the Beneficiary that the Consultant has observed and performed and will continue to...

Precedents

'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the warrantor does not...

Practice Note