Limit Contract For Free

The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed.

Contracting Out - Like the Old Act, the New Act is silent on a party's ability to contract out of limitation periods. Existing case law is likely to continue to apply and the court will review contracts on a contextual basis to determine if allowing the agreement is appropriate and just in the circumstances.

Possibility of shortening limitation periods under English law. The general view taken is that parties may agree to reduce the limitation periods for breach of contract and negligence claims from those stipulated in the Limitation Act. Such an approach is very common in construction contracts.

A limitation of liability clause forms part of a contract between a consultant and client that helps protect the contractor in the event of a dispute over agreed-upon work. It limits the amount a contractor can be held liable for, protecting them from excessive losses in the event of legal action.

Yes. The parties may contract out of the Limitation Act 1980. Again, this may be subject to the Unfair Contract Terms Act 1977. In respect of some causes of action (such as personal injury), the court has powers to exclude the time limit if it would be equitable to do so.

A limitation of damages clause is a contractual agreement where parties either exclude or limit the availability of damages that statutory law otherwise entitles them to.

A limitation of liability clause stipulates that a party will be obligated to pay to the other in such an event under the terms of an agreement. This clause limits the amount as well as the types of damages a party can recover from the other.