EPISODE · May 6, 2020 · 12 MIN
Limitations of Liability
from The Legal Room UK · host The Legal Room UK
The clauses which set out the limitations of liability and the cap on liability are fundamental provisions for both a buyer and a seller – but why? What happens if these clauses are not properly drafted or the agreement is a standard, un-negotiated, set of conditions? What cannot be excluded or limited by law? The level of limitation can be ‘aggregate’, ‘per claim’ or ‘over a time period’, what are the pros and cons of each option? We finish the podcast with a number of real world examples of these clauses and our thoughts on them.
What this episode covers
The clauses which set out the limitations of liability and the cap on liability are fundamental provisions for both a buyer and a seller – but why? What happens if these clauses are not properly drafted or the agreement is a standard, un-negotiated, set of conditions? What cannot be excluded or limited by law? The level of limitation can be ‘aggregate’, ‘per claim’ or ‘over a time period’, what are the pros and cons of each option? We finish the podcast with a number of real world examples of these clauses and our thoughts on them.
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Limitations of Liability
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