Drafting exclusion and limitation of liability clauses

20 minute read
26 October 2022


David Lowe and Sean Adams take a look at the drafting of exclusion and limitation of liability clauses, including a consideration of recent case law in this area. These clauses are always important, but never more so than in a time of uncertainty. Properly drafted exclusion and limitation of liability clauses can create clarity for the parties in relation to the allocation of risk between them. Conversely, a failure to adequately understand the consequences of that drafting can lead to parties finding out that there are bars to recovery when issues arise.

Download an Example limitation of liability clause

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