Overview
The exclusion of liability clause is often the first thing lawyers turn to when reviewing a commercial contract, yet one of the last issues to get resolved. Important as these provisions are, it is all too easy to get swept along in the "custom and practice" of exclusion clauses and to lose sight of what the relevant law actually is and how the courts are currently interpreting this area of law.
This briefing - the first in a new series on contract law - considers how the courts have been interpreting exclusion clauses, particularly on direct and indirect losses. In addition, the briefing offers a series of points to consider when drafting exclusion clauses.
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