The following Commercial practice note produced in partnership with Tim Wright of Fladgate provides comprehensive and up to date legal information covering:
This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements.
An exclusion clause is a contractual term which sets out exclusions upon liability. It is sometimes referred to as an exemption clause. A limitation of liability clause is a contractual term which sets out limitations upon liability. Both of these types of clauses are subject to statutory and common law controls. For more on those general controls, see Practice Note: Exclusion and limitation of liability and for an example limitation of liability clause, see Precedent: Limitation of liability clause.
The terms used in an exclusion or limitation of liability clause will dictate the clause’s application to certain scenarios and may protect a party from liability for certain forms of damage, even where such damage is a result of the party’s breach. Therefore, even if a party admits that it has committed a breach of contract,
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