The Limits of Limitation of Liability Clauses

more+
less-

Limitation of liability clauses ("LOLs") have been used for years to effectively limit the potential liability of design professionals, contractors, and others. What are the requirements for a valid limitation of liability clause? In Texas, courts mandate compliance with "fair notice" requirements, which include conspicuousness of the clause.

Nevertheless, even a valid limitation of liability clause that meets the conspicuousness requirements is not iron-clad. The Texas Deceptive Trade Practices Act ("DTPA") creates an exception to these clauses. Knowing the potential limitations on limitation of liability clauses is a key to effective contract drafting that minimizes these holes in enforcement.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Walker M. Duke, Duke Law Office, P.C. | Attorney Advertising

Written by:

more+
less-

Duke Law Office, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×