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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.
