English Law Basics · glossary
A ceiling on what a party pays, however large the loss. Clause 9.3 caps Frescalva’s liability at the price of the goods concerned: £40,000 for the four machines. A cap faces the reasonableness test, and here it likely stands. Conditions of Sale, clause 9.3 · Chapter 6 · see Exclusion clause, Reasonableness test
Explained in Chapter 6, Exclusion Clauses and the UCTA Reasonableness Test, of English Law Basics.
The main page for this term is Liability cap, in IP Licensing.
The third part is clause 9.3 (the cap): a ceiling on what the seller pays, however large the loss. Here the ceiling is the price of the four machines, £40,000.Read Chapter 6, Exclusion Clauses and the UCTA Reasonableness Test →
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