Limitation of liability clause

The following Commercial precedent provides comprehensive and up to date legal information covering:

  • Limitation of liability clause

  1. 1

    Limitation of liability clause—short form

    1. 1.1

      The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 1.

    2. 1.2

      Subject to clause[s 1.5 and] 1.7, each party’s total liability shall not exceed the sum of £[insert].

    3. 1.3

      Subject to clause[s 1.5 and] 1.7, neither party shall be liable for any consequential, indirect or special loss.

    4. 1.4

      Subject to clause[s 1.5 and] 1.7, neither party shall be liable for any of the following (whether direct or indirect):

      1. 1.4.1

        [loss of profit;

      2. 1.4.2

        loss of[ use of] data[ that is not Protected Data (as defined in [insert reference to definition of Protected Data]]);

      3. 1.4.3

        loss of use;

      4. 1.4.4

        loss of production;

      5. 1.4.5

        loss of contract;

      6. 1.4.6

        loss of opportunity;

      7. 1.4.7

        loss of savings, discount or rebate (whether actual or anticipated);

      8. 1.4.8

        harm to reputation or loss of goodwill.]

    5. 1.5

      [The limitations of liability set out in clauses 1.2 to 1.4 shall not apply in respect of any

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