Selected Cases by Article & Issues
Article 7.1.64 Cases
A clause which limits or excludes one party"s liability for non-performance or which permits one party to render performance substantially different from what the other party reasonably expected may not be invoked if it would be grossly unfair to do so, having regard to the purpose of the contract.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Exemption clauses defined | |
| 1.1 | Clauses limiting or excluding liability for non-performance | 2 |
| 1.2 | Clauses permitting to render performance substantially different from what other party reasonably expected | |
| 2 | Cases where exemption clauses may not be relied upon | 2 |
| 3 | Exemption clauses to be distinguished from clauses providing the payment of a fixed sum in case of non-performance (see Art. 7.4.13) | |
| 4 | Exemption clauses to be distinguished from forfeiture clauses |