Corporate & Commercial FAQs

Can a contract cap or exclude liability?

Between businesses, generally yes. Courts read such clauses strictly against the party relying on them, will not let a party escape liability for its own fraud, and may strike down unconscionable terms in standard-form contracts imposed on a much weaker party. In consumer contracts, unfair terms can be declared void under the Consumer Protection Act, 2019.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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