Exclusion Clauses

April 6th, 2022 by James Goudie KC

In Soteria v IBM (2022) EWCA Civ 440 the Court of Appeal holds that an exclusion clause, in a contract of sale, which purported to exclude liability, for “indirect or consequential losses, or for loss of profit, revenue or savings”, did NOT preclude the buyer from recovering expenditure that it had incurred in anticipation of the contract, but which was wasted, as a result of the supplier’s repudiation.

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