Are Limitation of Liability Clauses Enforceable?
February 25, 2019A limitation of liability clause in a contract reduce exposure by limiting the amount or type of damages for which the breaching defendant is responsible. For example, a limitation of liability clause may limit a company’s liability to: Only the compensation/fees paid under the contract Damages other than, say, l…
DetailsWhen Does a Contract Violate Public Policy?
February 19, 2019A contract that is contrary to public policy is not enforceable, but what exactly is public policy and how are violations determined? Public policy is a system of laws, regulations, court decisions, and societal norms that citizens are expected to follow. Since public policy changes over time, the application of pu…
DetailsWhat is the Difference Between Collateral Estoppel and Res Judicata?
February 15, 2019Collateral estoppel and res judicata are similar affirmative defenses to legal claims for relief. Each depends on a prior final judgment. But there are important differences. Collateral estoppel The doctrine of collateral estoppel holds that an issue that has been litigated cannot be litigated again. For collateral…
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