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Paul Porvaznik – Business Litigator

Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)

Tag Archives: unconscionability

Contractual Exculpatory Provisions and Procedural and Substantive Unconscionability – Some Illinois Bullet-Points

Exculpatory and limitation of damages provisions are staples of commercial transactions; especially in the service contract setting.  The former shields a contracting party from all liability (“if something goes wrong, I’m not responsible”), while the latter caps a party’s monetary damages (“if something goes wrong, my maximum liability is $100”). For decades, cases across the land have grappled …

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Posted byPaulPOctober 19, 2013June 23, 2015Posted inContract Law, Mechanics Lien/Construction LawTags: disclaimer, exculpatory clause, limitation of damage clause, Limitation of Liability, public policy, Roughneck, unconscionability
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