Polypearl Limited v E.ON Energy Solutions Limited: Difference between revisions

Polypearl Limited v E.ON Energy Solutions Limited (view source)

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 But does the reference in clause 10.1 exclusion of liability for [[indirect loss|indirect losses]] including [[loss of profit]] capture ''this'' [[Loss of profits|loss of profit]], which is a [[direct loss]]?
-No. That would require the count to deem a claim for direct loss of profits to be a claim for ''indirect'' loss profits.The words in parenthesis and subordinate to the phrase "indirect or consequential loss": an explanation of it and not an attempt to place a direct loss in the indirect category. This construction is more consistent with business common sense since the most likely (and often the only) damage a plaintiff would suffer from a failure to order would be a loss of profits from that order. It is unlikely a merchant would wish to exclude this direct loss.
+No. That would require the count to deem a claim for direct loss of profits to be a claim for ''indirect'' loss profits.The words in parenthesis and subordinate to the phrase “indirect or consequential loss": an explanation of it and not an attempt to place a direct loss in the indirect category. This construction is more consistent with business common sense since the most likely (and often the only) damage a plaintiff would suffer from a failure to order would be a loss of profits from that order. It is unlikely a merchant would wish to exclude this direct loss.
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