Article Tag: Exclusion clauses

Be careful what you wish for

It is common practice in commercial contracts, particularly in construction and manufacturing, for the parties to limit or exclude their liability or pre-determine what compensation should be paid following a breach of contract. The latter clause is called a Liquidated Damages Clause. For those of you not familiar with exclusion and limitation clauses, the former… Read more »

Let the buyer beware in a commercial contract, as exclusion clauses are upheld

A recent High Court decision in Air Transworld Ltd v Bombardier Inc has illustrated why having an effective exclusion clause incorporated into a business contract can be the simplest and cheapest type of protection and insurance against potential liability. In this case, an aircraft supplied by the Defendants developed a serious fault after delivery. The… Read more »