This is a past event
'The Exclusion of Liability for Consequential Loss - A Concept in Search of Meaning'
Greg Gordon from the University of Aberdeen will speak as part of the Law School's research seminar series 2013-14 on 'The Exclusion of Liability for Consequential Loss - A Concept in Search of Meaning'.
Commercial contracts often contain provisions excluding or limiting liability for "consequential losses". Such clauses are ostensibly included for the protection of the party obliged to supply goods or services, who fears that, without such a clause, it may be exposed to inordinate losses in the event that it fails to properly perform its obligations. But how much protection does the clause actually provide? This requires us to consider precisely what is meant by the expression "consequential loss". English law provides an answer which is based on the second limb of Hadley v Baxendale, but both the appropriateness borrowing a definition from an authority on remoteness of damage and the practical utility of this definition have been called into question. New definitions have started to emerge elsewhere in Scotland and Australia. This paper will consider and appraise these developments.
- Speaker
- Greg Gordon
- Hosted by
- School of Law
- Venue
- Taylor A19