Supreme Court kills fundamental breach in enforcement of liability disclaimers in Tercon
IT lawyers know all too well that IT contracts can go awry. That is why so much time is spent arguing about limits of liability during contract negotiations. A recent example is the BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1) [2010] EWHC 86 (TCC) (26 January 2010) case where the UK court made a huge damage award against HP.
The Supreme Court had considered on several previous occasions the effect of a fundamental breach on limitations of liability terms.…
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