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Blog Bite: Does indemnification constitute a waiver of a party's right to place limitations on their liability?

The article Canada: Can You Contract Out Of The Limitation Of Liability Convention? A Cautionary Tale looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability. However, the courts have found that only to be the case if that is the intention of the party and explicitly stated in the agreement.

Certain articles within this post were linked and referenced with the permission of Mondaq.com, through our exciting content collaboration with them. To access Mondaq’s large database of articles written by top law firm lawyers from around the world, you must leave our site and create a free account on theirs.

  • Liability
  • Indemnity
  • Learn
  • Canada (General)

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk.

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