In most commercial contracts, the parties will want to allocate the risk arising from performance of the contract. This is achieved through the use of "exclusion" and "disclaimer" clauses. Often these clauses are 'boilerplate', or used on one or other's standard template.
Difficulty will arise if one party alleges that the other has engaged in misleading and deceptive conduct, either outside or inside the contract. Because liability for misleading and deceptive conduct typically cannot be excluded, such clauses must be drafted carefully to comply with the law.
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