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Warranties v Indemnities

Re: Warranties v Indemnities

Postby SPQR49 » Wed Sep 27, 2017 2:59 pm

I had an interesting discussion with an American attorney once. As you know, in commercial contracts in the limitation of liability provisions there is typically a statement to the effect that "neither party excludes its liability for death, personal injury, fraud [etc.] or for any other liability that may not be limited or excluded at law (or equity)."

The US chap took the view that the inter-party indemnity arrangements in Oil and Gas sector do just the opposite. I maintained a contrary view - that neither party was excluding liability - just the opposite they were accepting liability including an assumption of responsibility in relation to the other party`s (otherwise) default conduct.

I queried how O&G indemnities (see previous post) align to sections 2 and 3 of UCTA 1977. This case gave me the answer:

https://en.wikipedia.org/wiki/Thompson_ ... Plant_Hire)_Ltd

Liability was not being excluded. Thus an LOGIC-style indemnity sits happily with the blue LoL words referred to above.
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