Problematic Ts&Cs: Consequential Damages, Liquidated Damages, Indemnity, and Limitations on Liability

Author(s):

Dwight A. Howes, J.D.
Dwight A. Howes, J.D., Partner, McGuireWoods LLP., 412-667-7902; dhowes@mcguirewoods.com

91st Annual International Conference Proceedings - 2006 - Minneapolis, MN
Abstract

These problematic clauses should always catch and hold your attention when you are reviewing a contract. These provisions can provide significant protection to your organization or expose it to significant peril. They apportion risk between purchaser and supplier and should always be carefully reviewed to make sure that they fit the circumstances of each contract. There is no "one size fits all" when it comes to these terms and if they are at issue, you should seek legal assistance.

Problematic Ts&Cs: Consequential Damages, Liquidated Damages, Indemnity, and Limitations on Liability — 35 KB (PDF)