Recorded Webinar: Excluding or Limiting Liability in Commercial Contracts

A key element of commercial contracts is allocating risk – who should bear the risk? And at what cost? During negotiations, practitioners must carefully consider and allocate their clients’ risks and ensure this allocation is appropriately documented in the agreements. This session reviews key drafting mechanisms used to limit liability in commercial contracts, including:

• Limitation of liability: caps, relationship with entire agreement, and use of warranties and indemnities
• Interpretation of exclusion clauses
• Excluding or limiting certain heads of damage:
  • What should the practitioner be aware of when drafting?
  • Direct loss versus indirect loss
  • Caps versus carve outs
• Agreed damages clause – benefits, tips for drafting
• Strategies for limiting liability under the Australian Consumer Law
• Case law update