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CONTRACTS

What is a limitation of liability clause?

SHORT ANSWER

It caps how much one party can owe the other if things go wrong — often limited to fees paid, and often excluding "consequential" damages like lost profits. The cap’s size and its exceptions are what matter.

A limitation of liability clause sets the ceiling on damages if the contract goes bad. Two mechanisms usually appear together: a cap (commonly the amount you paid under the contract, or a multiple of it) and an exclusion of consequential damages — lost profits, lost data, business interruption — which are often the largest real-world losses. Read whose liability is capped (mutual or one-sided), what’s carved out of the cap (breaches of confidentiality, IP infringement, and gross negligence often are), and whether the cap is realistic against your actual downside. A tiny cap plus broad exclusions can make a breached contract effectively consequence-free for the other side.

What to do, in order

  1. Find the cap: a dollar figure or fees-paid formula.
  2. Check whether it’s mutual or protects only one party.
  3. Read what damages are excluded (consequential, lost profits).
  4. Note the carve-outs — what ISN’T capped.
  5. Compare the cap to your realistic worst-case loss.

Common questions

What are consequential damages?

Indirect losses flowing from a breach — lost profits, lost data, business interruption. They’re often the biggest real losses and the first thing these clauses exclude.

Are liability caps enforceable?

Generally yes between businesses, with exceptions — many jurisdictions won’t enforce caps against gross negligence, willful misconduct, or certain statutory claims.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.