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1. Foundations of Liability Clauses

Course Orientation: Liability, Indemnities and Exclusions

The Anatomy of a Liability Clause

Practice Text: Software License Liability Clause

2. Limitations and Caps on Liability

Financial Caps and Their Scope

Direct vs Indirect and Consequential Loss

Practice Text: Consulting Services Cap Clause

3. Exclusion Clauses

What an Exclusion Clause Removes

The Scope of an Exception

Practice Text: Exclusion Clause with Carve-Outs

4. Indemnity Clauses

How Indemnities Allocate Risk

Indemnity Procedure: Notice, Control, Consent

Practice Text: Third-Party IP Indemnity

5. Reading Liability Provisions in Context

Interaction with Insurance and Confidentiality Clauses

Conflicts Between Liability and Other Clauses

Practice Text: Integrated Liability and Insurance Clause

6. Defensible Analysis in Practice

Building a Trigger-to-Remedy Map

Integrated Clause Analysis: SaaS Data Breach Liability

Integrated Clause Analysis: Manufacturing Defect Liability

Quiz

Question 1: In Clause 9 of the Software License (Lesson 3), what does the cap apply to?

Question 2: In the Consulting Services Cap Clause (Lesson 6), which breach has the highest cap?

Question 3: In the Exclusion Clause with Carve-Outs (Lesson 9), does the general exclusion apply to an IP infringement claim?

Question 4: In the IP Indemnity clause (Lesson 12), what happens if the Customer settles a claim without the Supplier's involvement?

Question 5: In the SaaS Data Breach clause (Lesson 17), when does the Provider have no liability?

Survey and Feedback

Course Feedback Survey

Read and analyse liability, indemnity and exclusion clauses in commercial contracts with a repeatable, defensible method and worked examples.

Master the precise reading and drafting of liability, indemnity and exclusion clauses in commercial contracts — the provisions that decide who pays when something goes wrong.

TOLES Advanced: Liability, Indemnities, and Exclusion Clauses

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