Exclusion clauses: top drafting tips and recent developments
The parties to a commercial agreement often try to manage their risk by inserting clauses into the contract stating that one or both of the parties’ liability — for example, where there is a breach of contract — is limited or restricted in certain ways. Despite the obvious benefits of including clauses restricting the extent of a party’s liability under a contract, a recent Court of Appeal case has highlighted the pitfalls when trying to rely on such clauses.
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