Limitation of liability clauses are a critical tool for managing contractual risk, yet their interpretation and application often present challenges. This webinar examines key issues including the interaction between multiple limitation clauses, their alignment with indemnity and insurance provisions, and the role of time bar clauses across different contractual contexts. 

Participants will gain a structured understanding of how various limitation mechanisms - such as timeframes, monetary caps, and the scope of claims contribute to effective risk allocation. The session also offers practical drafting guidance to support clarity and consistency, helping practitioners avoid fragmented or conflicting provisions. 

Recent case law, including Tadd Management Ltd v Weine (in which our presenter was involved), Tauranga City Council v Harrison Grierson Holdings Ltd and Constructure Auckland Ltd, will be used to illustrate common pitfalls and successful approaches to limitation clauses in practice.

Learning Outcomes

Learning Outcomes

• Understand the role of limitation of liability clauses in allocating contractual risk.
• Identify and address conflicts between multiple limitation clauses within a single agreement.
• Apply practical drafting techniques to ensure clauses are clear, consistent, and enforceable.
• Analyse the relationship between limitation clauses, indemnity provisions, and insurance requirements.
• Evaluate how time limitations, monetary caps, and the scope of claims operate within broader risk management frameworks.
• Draw insights from recent case law to inform effective drafting and risk allocation strategies.

Who Should Attend?

General practitioners, commercial lawyers, and in-house counsel who draft limitation of liability clauses and litigators (in the context of understanding how these clauses are enforced or challenged in court).

Presenters

Aaron Sherriff, Partner, Duncan Cotterill
Christina Bryant, Barrister, Mills Lane Chambers