Guidance on how to exclude liability in B2B contracts
Drafting exclusion clauses can be tricky but the ability to do so effectively is crucial if you are to ensure that they are enforceable. This session, delivered by experienced barrister Helen Swaffield, will provide viewers with guidance on what to consider when drafting such clauses and what to look out for when analysing and disputing them.
During this 30-minute session the following topics will be considered:
• Incorporation – Make sure it’s incorporated
• Direct, indirect & consequential loss – Know what you’re doing
• Categories – In what categories can you use exclusion clauses?
• The latest approach to interpretation of exclusion clauses
• Severance – Make sure everything is severable
• UCTA triggers – More widespread than you might think
• Reasonableness reinvented – Recent decisions under the Unfair Contract Terms Act
• Caps – Cap the loss and make sure you include the indemnity in your exclusion clause or in your cap
• Warranties and indemnities
Do you want to continue your session?