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Contractual negligence: Difference between revisions
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{{a|glossary|}}An attorney eyes you wistfully and slides a draft across the table to you. It includes the following: | {{a|glossary|[[File:Contractual loss.PNG|450px|center|Damage against Wantonness. Mapped.]]}}An attorney eyes you wistfully and slides a draft across the table to you. It includes the following: | ||
:''My client shall not be liable for any losses, howsoever caused, unless they arise directly from its own {{tag|negligence}}, {{tag|fraud}} or {{tag|wilful default}}.'' | :''My client shall not be liable for any losses, howsoever caused, unless they arise directly from its own {{tag|negligence}}, {{tag|fraud}} or {{tag|wilful default}}.'' | ||
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==={{tag|Fraud}}=== | ==={{tag|Fraud}}=== | ||
You ''can’t'' exclude contractual liability for fraud: to do so is to step beyond the hermeneutic boundaries of the game one plays in entering a legal arrangement<ref>{{google|Gadamer}}</ref>. A contract where, by its terms, one could behave fraudulently would be an arch affair. So it’s hardly a great concession to say so. | You ''can’t'' exclude contractual liability for fraud: to do so is to step beyond the hermeneutic boundaries of the game one plays in entering a legal arrangement<ref>{{google|Gadamer}}</ref>. A contract where, by its terms, one could behave fraudulently would be an arch affair. So it’s hardly a great concession to say so. | ||