Liability: A conclusion for exclusion?

Walker Morris LLP | The Commercial Litigation Journal | September/October 2018 #81
Nick Lees explains key cases on exclusion clauses and offers some practical advice ‘UCTA provides, in short, that any attempt to exclude or restrict liability for death or personal injury is void and that any attempt to exclude or restrict liability for other loss is subject to the “reasonableness test”.’ The ability to pre-emptively exclude …

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Contract: Including exclusion

Walker Morris LLP | Procurement & Outsourcing Journal | January/February 2018 #40
Gwendoline Davies looks at the courts’ changing approach to interpretation of exclusion clauses ‘The Unfair Contract Terms Act (UCTA) can determine the enforceability of clauses which seek to restrict or exclude business liability in some commercial contracts, including the majority of supply contracts.’ The interpretation of exclusion clauses in commercial contracts has continued to prompt …

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Damages: Of little consequence

Ince & Co | Procurement & Outsourcing Journal | July/August 2016 #31
Jeremy Farr and Shawn Kirby discuss the interpretation of a consequential loss clause ‘The correct starting point of interpretation of the clause was with the natural and ordinary meaning of the language chosen by the parties to give effect to their intent.’ In a decision with potentially far-reaching implications for commercial parties generally and the …

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