IT Contracts and Dispute Management
A Practitioner’s Guide to the Project Lifecycle
Steven Baker, Lawrence Akka and Rachel Glass
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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