Drafting exclusion and limitation of liability clauses

David Lowe and Sean Adams take a look at the drafting of exclusion and limitation of liability clauses, including a consideration of recent case law in this area. These clauses are always important, but never more so than in a time of uncertainty. Properly drafted exclusion and limitation of liability clauses can create clarity for the parties in relation to the allocation of risk between them. Conversely, a failure to adequately understand the consequences of that drafting can lead to parties finding out that there are bars to recovery when issues arise.
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This video may contain information of general interest about current legal issues, but does not give legal advice.

[@JasonCavallaro]

Great video guys. In that case where expenditure wasn’t explicitly drafted into the exclusion clause - is there nevertheless a case in equity claiming restitution for unjust enrichment?

[@radomiriz]

It would interesting to hear people's views on paid or payable as a way of limiting liability, e.g., in what circumstances would either one of them be suitable.