The field of tort and negligence is separate from contracts. As the contracting parties are proximate, the parties come to owe duties of reasonable care under tort. A party in breach may concurrently be negligent, and liable to cover the losses. If the exclusion clause does not specifically exclude liabilities for losses arising from negligence, the party in breach may be liable. Similarly, tort law covers all civil wrong, other than contracts, that cause a person loss or harm. The chapter explores exclusion clauses and liabilities under negligence and tort.

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Exclusion Clauses: Negligence and Liabilities in Torts

  • Akhileshwar Pathak

摘要

The field of tort and negligence is separate from contracts. As the contracting parties are proximate, the parties come to owe duties of reasonable care under tort. A party in breach may concurrently be negligent, and liable to cover the losses. If the exclusion clause does not specifically exclude liabilities for losses arising from negligence, the party in breach may be liable. Similarly, tort law covers all civil wrong, other than contracts, that cause a person loss or harm. The chapter explores exclusion clauses and liabilities under negligence and tort.