Some Problematic Aspects of Interpretation and Validity of Exemption Clauses (article in Lithuanian)

Rūta Lazauskaitė

Abstract


Once it has been decided that a clause excluding or limiting liability is incorporated into the contract and becomes a part of the agreement signed by the parties, the issue of interpretation and validity of this contractual provision arises. The question is whether the exemption clause is valid, and if so, whether parties, indeed, had intentions to limit liability to such an extent as it could be implied according to the wording of the contractual provision, whether the chosen phrasing of the clause fits the contractual breach that has occurred. Therefore, once it has been ascertained that an agreement limiting liability has been concluded, it is necessary to determine whether the individual clause permits a supposition that the debtor’s liability for other party’s damages is limited or excluded in a particular case.

Keywords


interpretation of contracts; contra proferentem; validity of contracts; limitation of liability; exclusion of liability; fundamental obligations; fundamental breach; fairness

Full Text:

PDF (Lithuanian)

Article Metrics

Metrics Loading ...

Metrics powered by PLOS ALM

Refbacks

  • There are currently no refbacks.




"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236