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Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

5 March 2010 | Mark Weston

Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...

Tags on this discussion: cap on liability consequential loss contra proferentem contract contract law contracts direct loss exclusion of liability High Court indirect loss liability limitation on liability loss of business loss of goodwill loss of profits loss of revenue UCTA unfair contract terms act

Italian prison sentences for Google executives for user-generated material sends shockwaves across the Internet

1 March 2010 | Mark Weston

A decision of an Italian criminal court has sent shockwaves around the Internet. Four Google executives, including its global privacy legal counsel, have been given suspended prison sentences for user-generated...

Tags on this discussion: e-commerce E-Commerce Regulations European Union intermediary liability take-down UGC user-generated content

The Sky’s the limit – an IT case affecting any type of goods or services contract

27 January 2010 | Mark Weston

After 7 years in the legal arena, including 110 days in the courtroom, Sky has finally proved fraud against EDS. On 26 January 2010, the Technology and Construction Court in London ruled that EDS had...

Tags on this discussion: Computer contract contract law economic hardship exclusion of liability force majeure High Court IT liability Terms & conditions unprofitable contract

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

12 January 2010 | Mark Weston

Brush hired a crane from MacSalvors using the Construction Plant Hire Association’s Model Conditions for Plant Hire. Along with the crane, Mr Thomas Jose, the crane operator, was also provided for hire....

Tags on this discussion: contract exclusion of liability indemnity liability negligence

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Latest news and views tagged liability

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

Italian prison sentences for Google executives for user-generated material sends shockwaves across the Internet

The Sky’s the limit – an IT case affecting any type of goods or services contract

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

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