Wikia

The IT Law Wiki

Limitation of liability clause

Talk2
28,829pages on
this wiki

Definition Edit

A limitation of liability clause permits contracting parties to reduce or eliminate the potential for direct, consequential, special, incidental and indirect damages should there be a breach of contract. In some cases, a cap on damages may be used.

Overview Edit

Such limitations may include:

Uniform Commercial Code Edit

The U.C.C. does not contain a requirement that the damage limitations clause be conspicuous. Nevertheless, using capitalization and boldface type may avoid an argument that the limitation was hidden.

Issues to be examined Edit

When evaluating the liability limitations contained in a vendor's [[agreement], consumers should:

The parties should also consider carefully whether any of these should be exempt from a liability cap:

Sample clause Edit

IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Source Edit

See also Edit

Around Wikia's network

Random Wiki