When is a total exclusion of liability enforceable?

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.

IP Draughts

The recently-reported, Court of Appeal case of Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] 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…

View original post 1,252 more words

Leave a comment

Filed under Uncategorized

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.