Tag Archives: liability

Dodo’s doh! doh! liability limitation

Posted on 20 January 2009 by Peter Moon

How simple can Parliament make it ? In certain cases, a service provider cannot limit its liability in any way. Not at all. Zip. Zero. Zilch. Yet time and again, CSPs pretend (the polite legal word is ‘purport’) to limit … Continue reading →

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Struggling to make sense of Dodo’s liability clauses

Posted on 28 October 2008 by Peter Moon

Regular readers will know that T&C clauses that (supposedly) limit CSP liability are very important.  If you don’t get them right, you can be exposed to unnecessary legal risk. Worse, you may commit a criminal offence under the Trade Practices … Continue reading →

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Online trader Best Buy Australia gets trade practices law wrong

Posted on 4 September 2008 by Peter Moon

Best Buy Australia Pty Ltd caught our attention when it was fined by ACMA for spamming.  So we took a look at their T&Cs, just out of interest. Perhaps unsurprisingly, they get the law seriously wrong when it comes to … Continue reading →

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How not to be an accidental insurer

Posted on 16 August 2008 by Peter Moon

Quiz question:  Liability caps for contribution to third party claims are- (a)   hardly understood by anybody (b)  extremely important in contracts (c)   a fast way to accidentally turn your company into an insurance business (d)  very expensive if you get … Continue reading →

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‘Indirect loss excluded’ doesn’t equal ‘no loss of income claims allowed’

Posted on 17 July 2008 by Peter Moon

Scenario: Your standard contract says you aren’t liable for ‘indirect or consequential loss’. Does that guarantee a business customer can’t sue you for loss of revenue if things go wrong? No, it doesn’t. You might still be responsible for loss … Continue reading →

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