On the whole, indemnities seek to increase liability beyond the law of damages. On the other hand, limitations of liability seek to reduce (and in some cases eliminate) liability under (i) the law of damages and (ii) indemnities (except to the extent which the agreement is drafted so that indemnities are not subject to the limitations on liability).
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RegisterContracting with suppliers – a balanced approach to indemnities and limitations of liability
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Canada
June 2 2011
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Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd
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