Sentences with phrase «liability clause existed»

Even if a waiver or limitation of liability clause existed and was brought to the attention of the ski resort patron, the Ontario Superior Court of Justice has further suggested that an injured plaintiff may be awarded damages for a kind of negligence that was not contemplated or considered «as part of the flavour» of the language printed on lift tickets and season passes, and posted elsewhere on ski resort property.

Not exact matches

Courts across Canada have since followed Brown in accepting this argument as a genuine issue for trial, where defendant facilities have attempted to rely on existing waivers or limitation of liability clauses:

The Terms including the limits on our liability in clause 20 will apply to all services rendered by us to you from time to time unless we have entered into a specific written agreement which expressly excludes or modifies them in whole or in part; and in the case of existing clients, all instructions received after 1 July 2017will be treated as acceptance of the Terms.

It was the Commissions» view that terms which «simply reproduced» existing copyright law could not be subject to the legislation as they merely «reproduce the default law», but that clauses which attempt to exclude the software provider's liability under privacy, negligence or libel laws should be excluded.