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Search results: 8 article(s) found in topic: Contracts - keyword: Exclusion/limitation clauses

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Are exclusion clauses enforceable?

Many commercial contracts contain clauses which seek to exclude or allocate the parties’ potential liability. According to the Court of Appeal, are these types of clause enforceable? More...


Contractual indemnity: limiting your risks

The company is chasing a new contract and has been asked to provide the other side with an indemnity. What is this exactly and can the directors do anything to try to limit the company’s exposure? More...


Franchise agreements and non-competition clauses

The directors are considering entering into a franchise agreement. However, it contains a clause that seeks to restrict the company’s activities for twelve months post-termination. Can this be ignored or is it enforceable? More...


Are non-reliance clauses legal?

The directors have been negotiating a lucrative deal with a third party. It’s now produced a contract which states: “We will not be liable for any verbal representations made prior to the contract being signed”. Is this clause legal? More...


Spotting pitfalls in IT contracts

You are the director tasked with handling a new IT contract for the company. The supplier has given you their contract which says that you can’t rely on any pre-contract discussions. But what if things go wrong, surely this can’t be right? More...


Breaking down exclusion of liability clauses

Careful directors know that when it comes to limiting the company’s liability, it’s important to get exclusion clauses right. But a recent case highlights why you should draft the small print very carefully. What does it say? More...


Is swine ‘flu a “force majeure” event?

You’ve been told that if your company gets hit by swine ‘flu that it can wriggle out of any contract providing it contains a force majeure clause. Is this right? More...


Hiding behind the small print

You’ve found a problem with a contract that could prove costly to put right. You used a sub-contractor and would like to pass the cost on to them but they’re relying on a small print exclusion clause. What’s your position? More...
Last updated: 03.07.2020

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