Can a public owner contract out of any liability for a failure to follow its own directives, policies and, indeed, its own terms and conditions of a procurement process, including a duty of fairness? Although that issue was largely resolved in the Supreme Court of Canada case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4, a ...
It is common for contracts to contain exclusion clauses limiting the liability of one party in the event of a breach. Professional service providers often seek to limit their liability to the fees paid to them. Movers limit their exposure to the value of the goods transported. Contracts for the sale of land generally cap a purchaser’s remedy for breach to the return of the ...
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