{"componentChunkName":"component---src-templates-blog-post-ts","path":"/blog-bite-does-indemnification-constitute-a-waiver-of-a-partys-right-to-place-limitations-on-their-liability/","result":{"data":{"site":{"siteMetadata":{"title":"Clausehound Blog","author":"Joshua Koudys"}},"markdownRemark":{"id":"c099058a-02b9-5a53-aed3-d759c2af0db6","excerpt":"The article Canada: Can You Contract Out Of The Limitation Of Liability Convention? A Cautionary Tale looks at case law to show how in some instances…","html":"<p>The article <a href=\"http://www.mondaq.com/canada/x/549384/Marine+Shipping/Can+you+contract+out+of+the+Limitation+of+Liability+Convention+A+cautionary+tale\" target=\"_blank\" rel=\"nofollow noopener\">Canada: Can You Contract Out Of The Limitation Of Liability Convention? A Cautionary Tale</a> looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability. However, the courts have found that only to be the case if that is the intention of the party and explicitly stated in the agreement.</p>\n<p>Certain articles within this post were linked and referenced with the permission of <a href=\"https://www.mondaq.com/?clear=true\" target=\"_blank\" rel=\"nofollow noopener\">Mondaq.com</a>, through our exciting content collaboration with them.  To access Mondaq’s large database of articles written by top law firm lawyers from around the world, you must leave our site and create a free account on theirs.</p>","frontmatter":{"title":"Blog Bite: Does indemnification constitute a waiver of a party's right to place limitations on their liability?","date":"December 01, 2016","description":"This article posted on our partner site Mondaq.com looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability.","author":{"id":"alina@clausehound.com","first":"Alina","last":null,"bio":null,"image":null},"tags":["Liability","Indemnity","Mondaq","Learn","Canada (General)"]}}},"pageContext":{"slug":"/blog-bite-does-indemnification-constitute-a-waiver-of-a-partys-right-to-place-limitations-on-their-liability/","previous":{"fields":{"slug":"/santas-got-a-brand-new-brand/"},"frontmatter":{"title":"Santa's Got A Brand New Brand","tags":["Intellectual Property","Consulting Agreement","Commercial Activities","Employment","frahman"],"author":{"id":"frahman@cobaltcounsel.com","first":"","last":null}}},"next":{"fields":{"slug":"/blog-bite-how-can-a-main-contractor-protect-itself-in-a-subcontract-construction-agreement-in-nigeria/"},"frontmatter":{"title":"Blog Bite: How can a main contractor protect itself in a subcontract construction agreement in Nigeria?","tags":["Consulting Agreement","Nature of Relationship","Mondaq","Learn","Nigeria"],"author":{"id":"alina@clausehound.com","first":"Alina","last":null}}}}}}