Significance of Capping of Liability Clauses in Contract – Part 3

This is the third and the last part of the three-part series re-evaluating the significance of the liability cap clause in contractual agreements in the aftermath of the pandemic. This Part deals with the enforceability of liability cap clauses in contracts and aims to elucidate how it is dependent on the merits of each case. Thereby, it restricts a contracting party from absolutely taking a defence based on the existence of the said clause and disclaim his/her partial or complete liability towards an agreed transaction in the contract.

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