ABSTRACT
This chapter considers some of the ways in which a party to a contract will seek to limit liability, whether in contract or tort, to another party. It concerns clauses limiting or excluding liability. The chapter also primarily concerns contractual provisions expressly excluding or limiting liability, it is important to note that the exclusion of liability is sometimes achieved by clauses expressly allocating responsibility for particular matters to one party, by implication excluding the other party from liability for those matters. The nature of exclusion clauses is an attempt by one party to a contract to deprive the other party to that contract of rights or benefits which, but for such a clause, that other party would enjoy. If it is improbable that one party to a contract would intend to absolve the other party entirely from the latter's own negligence; it is virtually inconceivable that a party would absolve the other party from liability for fraud.
