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 deemed to be unreasonable and unenforceable?

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Published on LexisPSL on 20/05/2019

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • 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 deemed to be unreasonable and unenforceable?

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 deemed to be unreasonable and unenforceable?

Liability can be excluded or limited. If a term purports to limit liability, although less likely to be unenforceable (see Ailsa Craig Fishing v Malvern Fishing, the courts are not likely to enforce a clause which leaves an aggrieved party with effectively no remedy (Kudos Catering (UK) Limited v Manchester Central Convention Complex Limited). For examples of exclusion and limitation of liability clauses and the interpretation of such clauses by the courts, see Practice Note: Exclusion and limitation of liability (in particular the

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