Contractual Exclusions and Indemnities of Liability for Negligence

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

20 Pages Posted: 23 Jun 2008  

Barbara McDonald

The University of Sydney Law School

Date Written: June 16, 2008

Abstract

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.

Keywords: Contract, tort, negligence, indemnities, exclusion clauses, limitation clauses

JEL Classification: K10, K12, K13, K20, K30

Suggested Citation

McDonald, Barbara, Contractual Exclusions and Indemnities of Liability for Negligence (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. Available at SSRN: https://ssrn.com/abstract=1149908

Barbara McDonald (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Paper statistics

Downloads
1,077
Rank
15,174
Abstract Views
4,184