5 September 2023
Indemnities and limited liability clauses are often the most negotiated provisions in business contracts. It is a fine balance between agreeing appropriate risk and allocating protections, while at the same time remaining reasonable in order to conclude the deal. The two legal provisions have different purposes and sit on opposite sides of the contract. For example, it is easier to think of indemnities being useful for the customer or client in a contract: their prime purpose being protection. On the other hand, limited liability clauses are more useful for the supplier in a contract in order to limit their exposure.…