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IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
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Chapter 18: EXEMPTION/LIMITATION CLAUSES

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

Extract

A key way to allocate risk under a contract is by way of a clause purporting to exclude or limit the extent of one party’s liabilities to the other. This chapter addresses the principles involved in the interpretation and of exclusion and limitation clauses, including their applicability to cases of deliberate breach, the exclusion of consequential losses, and the contra proferentem maxim. Statutory control and the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 when one party is dealing on the other’s written standard terms of business are considered.

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