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Exclusion and Limitation

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Course Aims and Objectives

In this session we will consider the nature of contractual clauses which seek to exclude or to limit a party’s liability in particular situations. In general, contracting parties are free to agree such clauses, but in some particular situations UAE law forbids or restricts their use. We will examine particular types of contract and particular types of liability, and the extent to which a clause in a contract may be used to exclude or limit liability. This will include delay penalties, entire agreement clauses, back-to-back and pay when paid provisions, decennial liability, indirect damage, and conditional contracts. Where appropriate, we will consider the necessary drafting of such clauses.

We will consider the statutory provisions and, where appropriate, we will consider Cassation judgements which shed light on the issues, whether the judge approved or refused the exclusion or limitation in question.

The interactive exercises will relate to a particular scenario and the participants will be encouraged to propose solutions to the scenario.

Participants are encouraged to ask questions and join in with their own experiences.

 

This is a CLPD Accredited Course: 2 Points

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