Exclusion and Limitation Clauses

Drafting and reviewing exclusion and limitation clauses is one of the most difficult aspects of any contract negotiation.

In this webinar, we will consider the basic principles and will examine the key issues to be borne in mind to ensure that such clauses are enforceable.

Topics for discussion will include:

Direct and indirect losses

• Differences between them
• Exclusions of direct and indirect loss of profit

Fraudulent breaches of contract

• Can liability be excluded for loss arising from such breaches?

Interpretation of ambiguous clauses

• Rules of interpretation
• Meaning of ‘wasted expenditure’
• Meaning of ‘anticipated profits’

Limitation clauses

• Determining an appropriate limitation amount
• Meaning of ‘aggregate liability’
• Relationship between limitation and set-off provisions

Top 3 takeaways from the webinar:

• Understand the rules applied by the courts in interpreting exclusion and limitation clauses
• Be aware of the different ways that limitation clauses can be structured
• Adapt contracting procedures to ensure enforceable exclusion and limitation clauses

Who this is for:

Who is this session for? Lawyers and non-lawyers with an interest in contracts.

Level of expertise:

All Levels – this can be picked up throughout anyone’s professional career regardless of experience

CPD hours:

This webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning objectives:

• To understand the basic principles relating to exclusions of direct and indirect losses
• To consider the impact of exclusions of loss arising from fraudulent breaches of contract
• To comprehend the risks relating to ambiguous clauses
• To understand the rules on limitation of liability