EXCLUSION, LIMITATION AND STANDARD CLAUSES PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 35. EXCLUSION, LIMITATION AND STANDARD CLAUSES

 

A Exclusion and limitation clauses Commercial contracts may seek to exclude liability for specific categories of damage and to limit liability for breach of contract. For example: 10.2.5 The company will be under no liability for any defect arising or introduced by a Buyer in the course of storage or handling of the products where that Buyer acts as agent or distributor of the Company’s products. 10.3 The Company shall not be liable whatsoever for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in contract or tort or in any other way (including loss arising from the Company’s negligence). Non-exhaustive illustrations B Standard clauses, also known as boiler-plate clauses, are generally towards the end of most agreement and frequently include the following. • A force majeure clause, which aims to release parties from liability for named risks outside their reasonable control. Non-exhaustive examples are: acts of God, fire, flood, earthquake, war, riot, explosion, breakdown or machinery, strikes, and lockouts. • A time of the essence clause, which makes it clear whether or not the time limits contained in a contract are essential conditions.   EXERCISES 35.1 Replace the underlined words and phrases in the exclusion clause below with alternative words and phrases from A opposite. There is more than one possibility for one of the answers. 9.4 Except as provided in Condition 8.3, the Seller will (1) not bear responsibility to the Buyer (2) at all (whether in contract, tort (including (3) carelessness), breach of statutory (4) obligation or otherwise) for any (5) harm or for any direct, indirect or (6) resulting loss (all three of which terms include, but are not limited to, pure 35.2 Complete the standard clauses below. Look at B opposite to help you. Pay attention to the grammatical context. 1. The company shall not be liable for any failure to deliver the Goods arising from circumstances ______________ ______________ ______________ ______________ 2. Time for payment shall be _______________  _______________  _______________ 35.3 Which of the above clauses is 1. a force majeure clause? 2. a severance clause?

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