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A limitation clause is a constitutional provision which enables constitutionally protected rights to be partially limited, to a specified extent and for certain democratically justifiable purposes.
The Constitution of the United States puts limits on the powers of the federal and state governments. These include the prohibition of bills of attainder and ex post facto laws, and the requirements for statutory clarity, equal protection, freedom of speech, and privacy.
To Benefit from a Limit of Liability, You Have to Breach That doesn't mean the limit of liability does the indemnitor no good. It can take advantage of the limit, but only if it breaches the contract. If it refuses its indemnity obligations, the limit of liability restricts the other party's damages for that breach.
A limitation of liability clause is a provision in a contract that limits the amount of exposure a company faces in the event a lawsuit is filed or another claim is made. If found to be enforceable, a limitation of liability clause can "cap" the amount of potential damages to which a company is exposed.
A limitation clause is where a party to the contract seeks to limit his liability for certain breaches of the contract. An exemption clause is the term used where either an exclusion or limitation clause has been upheld by the court.
Indemnity, the major difference is that a limited liability clause is all about how much liability one party can be assigned if something goes wrong with a contract. In contrast, an indemnity clause is all about which party will have to bear the cost of defending a legal claim.
For example, a clause purporting to limit or exclude a party's liability for negligence other than negligence which causes personal injury or death, which cannot be limited in any way will only be effective if it is reasonable.
In this article, "the limitation of rights" refers to situations in which laws or actions, after the commencement of the Constitution, affect the conduct and interests protected by the constitutional rights. Constitutionally valid limitations must comply with all of the requirements imposed by the Constitution.