2. 3 0 obj 2 0 obj e d u / f a c u l t y _ s c h o l a r s h i p / 2 0 9 7)/Rect[128.1963 131.7406 409.2168 143.4594]/StructParent 7/Subtype/Link/Type/Annot>> 0000006931 00000 n They usually take a similar form to the following, which is from clause 17 Information that the rece… <>/Border[0 0 0]/Contents(Contracts Commons)/Rect[137.2383 212.4906 229.1133 224.2094]/StructParent 5/Subtype/Link/Type/Annot>> 193 0 obj ! 0000004542 00000 n Similarly, the exclusion of liability clause in the FIDIC Silver Book (Sub Clause 17.6) refers to “indirect or consequential loss or damage”. endobj endobj x��X]s7}�W詃g\��oe2���i�ډ�����tְ6�,,�%���{�X-,v3��e1+�{t?ι�w2/��dX��/{��YJz��c�,_�"�g���qF�C9� ����c8e�G�Д+� � ������:��wz��U�⌰����H͓�T:��`�����]��/���6K�e�@>�E��#2��s>֟8%�B7�7�. Traditionally, the English courts have applied a very narrow interpretation to indirect loss and expense exclusion clauses. When the terms of a contract's "mutual waiver of consequential damages" clause are being negotiated, the parties involved may not appreciate the differences between consequential and direct damages. Consequential damages are damages that proximately result from a breach of a contract. <>/Border[0 0 0]/Contents(Faculty Publications)/Rect[441.5747 612.5547 540.0 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> endobj If the clause had been reworded to either delete these words or place them at the end of the clause, it would I have in front of me a contract—it’s for the sale of goods—that contains the following provision excluding certain kinds of damages: Neither party will be responsible or held liable for any consequential, special, or incidental losses or damages. One of the most common types of clause is one that attempts to limit liability for “indirect or consequential” loss or damage. l a w . <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> [For a follow-up to this post, see this March 2, 2010 blog post.] 187 0 obj 0000009583 00000 n trailer endobj 0000004339 00000 n ( The risk of a badly drafted exclusion clause is that it is left to the courts to interpret its meaning, which can often result in a decision which leaves one party exposed to unanticipated liabilities. The contractor sought to rely on a clause which excluded liability for indirect or consequential damages. 4 0 obj As such, by itself, it excludes relatively little. <> endobj (Direct Damages - continued from page 1) But let’s look at some other damages claimed by the manufacturer. 0 [186 0 R 187 0 R 188 0 R 189 0 R 190 0 R 191 0 R 192 0 R 193 0 R] The NDA should include what exactly constitutes the confidential information and any prior disclosures that need to be made before it is signed. xref 183 0 obj The additional costs incurred by the plaintiff resulting from the breach of contract will be awarded to the plai… <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 167.4551 625.4453]/StructParent 2/Subtype/Link/Type/Annot>> 0000006194 00000 n 0000002770 00000 n 2. 0000016987 00000 n endobj EXCLUSION OF INDIRECT DAMAGES. <>/Border[0 0 0]/Contents(Law and Economics Commons)/Rect[269.1719 212.4906 406.9795 224.2094]/StructParent 6/Subtype/Link/Type/Annot>> l a w . 0000002538 00000 n In the recent case of 2 Entertain Video Ltd (“2E”) v Sony DADC Europe Ltd (“Sony”), the TCC has considered whether a more case-by … endobj 0000000016 00000 n Except as otherwise agreed herein, the Seller shall not be liable for special, or consequential damages, such as, but not limited to, damage or loss of. 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