- December 9, 2015
Interplay between Civil Liability (Contribution) Act 1978 and limitation of liability clause
In Bloomberg v LP v Malling Pre-Cast Ltd, a judgment that well illustrates the decline of “business common sense” as an aid to contractual interpretation, Fraser J considered the interplay between section 1(3) of the Civil Liability (Contribution) Act 1978 and a clause limiting liability in a contractor’s collateral warranty.