Welcome to the latest issue of the TRG Update which includes articles on the following:
- Exclusion clause and cap on liability deemed reasonable under UCTA
- Term of implied licence to use software
- Will an overall cap on liability always work?
- Do payments under performance bonds/guarantees count against caps on liability?
- Agreement to agree can be enforceable
- The dangers of retention of title clauses
Cases dealing with aspects of liability feature heavily in this edition. The SABIC decision in particular seems to throw up some very interesting, surprising and potentially worrying results. The case potentially shines some light on the relationship between uncapped indemnities and general liability limits set out elsewhere in a contract, a question which has troubled contract drafters for some considerable time.
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