Sentences with phrase «of liability clause»

I also tend to get heavily involved in the licensing and service level arrangements and of course the exclusion of liability clauses.

A Limits of Liability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of liability.

Employers can protect themselves in the terms of the settlement and release documents by including a denial of liability clause and a robust confidentiality clause.

In case of doubt, limitation or exclusion of liability clauses are generally interpreted in favour of the debtor.

The second part of the Limits of Liability clause is where some Realtors really issue a caution.

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

The English High Court, in Royal Devon and Exeter NHS Foundation Trust (RD) v ATOS IT Services UK Ltd (Atos) recently considered the meaning and effect of a limitation of liability clause in a contract.

The trial judge concluded that the limitation of liability clause did not apply to the damages for loss of profit on this subcontract.

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.

To limit their liability exposure, ski resorts use tools such as signed waivers and limitation of liability clauses printed on lift tickets, season passes, and signage posted around the ski area facilities.

Until recently, in Florida Limits of Liability clauses designed to protect..., Defense Digest, Vol.

For example, recent advices have related to the proper interpretation and exercise of a lien / cesser of liability clauses, the proper measure of damages, war risks clauses, deviation, deadfreight clauses, package limitiation, «knock for knock» provisions in a towage contract, the meaning and effect of ad hoc provisions in ship - building contracts, the Hague / Hague - Visby Rules, the CMR convention and the Warsaw Convention (as amended).

With respect to the remaining artists and their managers, the Motions Judge determines the limitation of liability clauses apply.

Author, «Fair and Consistent: The Duty of Good Faith in Contractual Performance» (Piling Canada Q4 - 2015) Author, «Limitations of Liability Clauses» (Piling Canada Q4 - 2014) Author, «Builder's Risk Insurance: A financial safeguard for builders» (Piling Canada Q1 - 2014)

Please read the Exclusion of Liability clauses below.

43 This case essentially creates a new analytical framework for the interpretation of exclusion of liability clauses, abolishing the need to assess whether a contractual breach is «fundamental.»

UBC relied on a limitation of liability clause in its Sperm Bank Facility Agreement, stating it was not responsible for damage caused by improper storage, maintenance or freezing.

Will a limit of liability clause that prevents recovery of damages for a wrongful termination of an agreement be a ground for granting an injunction to prevent the irreparable harm associated with the breach for which full damages can not be recovered?

This seminar by Dov Ohrenstein was given to the Thames Valley Commercial Lawyers» Association and concerned the case law and statutory controls concerning exclusion and limitation of liability clauses and gives guidance as to how they can be drafted effectively.

Canadian Appeals Monitor What tangled webs we weave: The BCCA provides guidance on the tort of deceit and exclusion of liability clauses

According to Legal Risk, limitation of liability clauses «are becoming more sophisticated and involve more than a simple liability cap... we doubt many firms limit liability 100 % of the time».

Thanks to some skilled lawyering on the part of BDC's counsel, the agreement contained a limitation of liability clause that did not exclude or restrict liability «resulting from fraud.»

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:

Moreover, Quebec civil law imposes certain restrictions in the application of limitation or exclusion of liability clauses — depending on the type of business of the parties, the type of damages, and other circumstances that might render the clauses invalid or unenforceable.

In conclusion, it is important to remember your limitation or exclusion of liability clauses may not have the effect that is literally written because of restrictions and special treatment of certain types of damages and contracts, or the type of relationship of the parties involved provided by Quebec law.

Furthermore, Quebec law makes no distinction between «general and special damages,» and, therefore, such categories of damages should not be included in limitation or exclusion of liability clauses.