“Exclusion clauses are found in contracts... but they are not always effective” Parties to transport projects are, as a general rule, free to agree and allocate their respective risk and liability through their agreement and, specifically, the limitation on liability, exclusion of liability clauses and indemnity clauses.
Exclusion clauses are found in contracts throughout the transport industry, but they are not always effective. As a recent High Court case has shown, they need to be drafted very carefully in order to successfully exclude liability, otherwise a party may find itself carrying risk and liability it did not expect.
Transport and logistics contracts such as supply contracts, services contracts, availability-based contracts, freight and haulage contracts, contracts for loading and unloading, design and construction contracts, leases and licences, all include mechanisms to…
