Excluding ALL liability, by means of a contract term, is in IP Draughts’ view a very high risk strategy. Sometimes less is more: if you go too far, it becomes too easy for the judge to find against you. So offer a modest remedy rather than nothing at all. But sometimes, total exclusions can work, as this case shows.
The recently-reported, Court of Appeal case of Goodlife Foods Ltd v Hall Fire Protection Ltd  EWCA Civ 1371 provides a tutorial in how to make an exclusion clause, in standard contract terms, legally enforceable. Drafters of standard terms will find the lead judgment, by Coulson LJ, a good refresher.
This area of law is, in IP Draughts’ view, far too complex. It is easy to gloss over subtleties and jump to conclusions that seem intuitively right, but may be legally wrong. You need to know this stuff if you are drafting standard terms of business and want them to be legally enforceable in the English courts. This is an area where law graduates can be at an advantage compared with science graduates who qualify as lawyers via the one-year graduate diploma in law. The more intense examination of cases that you get in a three-year law degree helps you…
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