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Exclusion clauses help limit damages if a breach of contract happens. A well structured exclusion clause can be an effective tool to manage contractual risk exposure. They must, however, satisfy the ‘fair and reasonable’ threshold test under UCTA 1977. The boundaries of what can/cannot be excluded are reasonably clear on what are today ‘settled’ legal principles. Never the less, correct application of these settled principles relating to specific circumstances can represent a delicate balancing exercise.
Understanding the role and importance of the “Contract Manager”. All businesses manage contracts – but how do they train and equip the person who manages the task on a day to day basis?
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