Contractual Exclusions and Indemnities of Liability for Negligence
University of Sydney - Faculty of Law
June 16, 2008
COMMERCIAL ISSUES IN CONTRACT LAW, Greg Tolhurst & Elisabeth Peden, eds., University of Sydney, pp. 7-25, 2008
Sydney Law School Research Paper No. 08/61
This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to so-called 'secondary rules' of construction relating to exclusions for negligence and their continuing role in the light of the judicial trend to favour more general principles of construction for commercial contracts. It will also consider the impact of case law on the construction of indemnity clauses which in some situations are akin or similar to exclusion clauses.
Number of Pages in PDF File: 20
Keywords: Contract, tort, negligence, indemnities, exclusion clauses, limitation clauses
JEL Classification: K10, K12, K13, K20, K30Accepted Paper Series
Date posted: June 23, 2008
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