Product Update

Expanded Discussion of Enforceability of Limitation of Liability Clauses in Contractual Risk Transfer

Limitation of liability clauses can play a useful role in allocating certain risks among the parties doing business. However, if the limitation of liability clause is found to be invalid or unenforceable, those benefits are lost, and the parties, particularly the party whose liability has been limited, can no longer rely on the allocation arrangement. Therefore, before relying on such clauses, care must be taken to ensure that the limitation of liability clause is valid and enforceable. This Contractual Risk Transfer release provides an updated and expanded discussion of the key factors that courts examine when determining the enforceability of limitation of liability clauses. Practical considerations and tips are also provided.

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