Docklands Solicitor

When a contract goes wrong, someone will be claiming damages and will identify various heads of loss. The other person will be looking at the exclusion of liability clause to say that the parties agree that those heads of loss should not be payable



It is best to set out 2 lists – those types of losses for which there should be recovery and those for which there should not



Much will depend upon the type of contract – is it one of the sale of goods or services or both, but consider the cost of replacement equipment from elsewhere; the cost of ruined product/raw material; the cost of lost production while matters are being put right; the cost of fulfilling onward contracts; the cost of making expiration compensation payments to unhappy customers; future loss of profits; future loss of revenues; indirect damages; consequential damages; punitive damages

Labels: commercial contract heads loss exclusion liability