Disculpatie

Exculpation

Exculpation is a contractual clause by which a party excludes or limits its liability for loss or breach.

Exoneration, also referred to as limitation of liability, is a legal instrument under Dutch contract law. It enables contracting parties, by agreement, to exclude or restrict liability for certain forms of damage or breach of contract, either wholly or in part.

Such a clause is significant because it allows the parties to allocate and manage risks in advance. In practice, exoneration clauses are frequently included in general terms and conditions and commercial contracts, where the liability of suppliers or service providers is often limited to direct damage or a specified maximum amount.

“The supplier included an exculpatory clause in its general terms and conditions to exclude liability for indirect damages.”

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Disculpatie - Betekenis | Arslan & Arslan Advocaten