E - Exclusion clauses
24/4/20
2 ENTERTAIN VIDEO LTD v SONY DADC EUROPE LTD [2020] EWHC 972 (TCC)
Considers the duty of care expected of a bailee warehousing goods [58]. Summarises the court’s approach to the principles of contract construction [221] and the meaning of “indirect or consequential loss or damage” in an exclusion clause [222]. On the facts, loss of profit and business interruption costs did not constitute indirect or consequential loss or damage [241].
31/8/17
ROYAL DEVON & EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD [2017] EWHC 2197 (TCC)
A claim for wasted expenditure was not excluded by a contract clause expressed to exclude liability for loss of profits, business, revenue, goodwill or anticipated savings, and/or indirect or consequential loss or damage. But any liability was limited by a clause expressed to cap the aggregate liability of either party under the contract for all defaults to specified sums.