Loading ...
Sorry, an error occurred while loading the content.

45824Re: [Czechlist] UNCLEAR LEGAL SENTENCE

Expand Messages
  • Stephan von Pohl
    Apr 6, 2011
    • 0 Attachment
      It's a), but it isn't "breach of contract" - just "contract". The client
      shall not be liable for 1-5, regardless of how this liability came to
      be. (i.e., by contract, because of a tort, from a breach of statutory
      duty, as a result of restitution or otherwise)

      As for "restitution", it can either mean "compensation" (see
      http://legal-dictionary.thefreedictionary.com/restitution) or maybe they
      actually mean "restituce" (Is the text from a Czech or central/eastern
      European company? it could be that the author of the text is writing in
      a post-communist context...)

      Steve


      On 4/6/2011 9:53 AM, Matej Klimes wrote:
      > Hi list,
      >
      > need a quick (due today noon-ish) advice on the following sentence:
      >
      > COMPANY X SHALL NOT BE LIABLE **(WHETHER IN CONTRACT, TORT (INCLUDING
      > NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE)** FOR
      > ANY: (1) LOSS OF EARNINGS: (2) LOSS OF BUSINESS; (3) INDIRECT, SPECIAL,
      > OR CONSEQUENTIAL LOSSES; (4) DAMAGE CAUSED BY NEGLIGENCE, REGARDLESS OF
      > THE NATURE THEREOF (INCLUDING LOSS OF BUSINESS, LOSS OF DATA, COMPUTER
      > BREAKDOWN OR MALFUNCTION); AND (5) ANY OTHER DAMAGE OR LOSS.
      >
      > What is the meaning of the bits between the asterisks aND ITS
      > RELATIONSHIP TO THE REST?
      >
      > a) company is not liable for (1) to (5) regardless of whether the
      > liability arises from breach of contract, tort, etc. etc. - what would
      > be the meaning of restitution then?
      >
      > or b) is not liable for 1 to 5 based on contract, tort, etc??, again,
      > what would be the meaning of restitution then?
      >
      > ... never seen this type of sentence structure before
      >
      > (it's an End user licence agreement for a software)
      >
      > Thanks for any explanations (and/or Czech translations if anyone has
      > one)
      >
      > Matej
      >
      >
    • Show all 26 messages in this topic