Contractual negligence: Difference between revisions
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An attorney eyes you wistfully and slides a draft across the table to you. It states: "Party A shall not be liable for any losses, howsoever caused, unless they arise directly from its own negligence, fraud or | An attorney eyes you wistfully and slides a draft across the table to you. It states: "Party A shall not be liable for any losses, howsoever caused, unless they arise directly from its own {{tag|negligence}}, {{tag|fraud}} or {{tag|wilful default}}". | ||
What is one to make of this? At a glance it seems perfectly reasonable. To be sure, it is time-honoured boilerplate, thrown into contracts to close them out like chump change tossed into the bill plate at the end of an agreeable meal. But it doesn't make a lot of sense. Let's do the easy ones first. | What is one to make of this? At a glance it seems perfectly reasonable. To be sure, it is time-honoured boilerplate, thrown into contracts to close them out like chump change tossed into the bill plate at the end of an agreeable meal. But it doesn't make a lot of sense. Let's do the easy ones first. |