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45844Re: [Czechlist] UNCLEAR LEGAL SENTENCE

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  • Mike Trittipo
    Apr 6, 2011
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      On Apr 6 2011, Matej Klimes wrote:
      >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 . . . (5) ANY OTHER DAMAGE OR LOSS.
      >
      >What is the meaning of the bits between the asterisks aND ITS
      >RELATIONSHIP TO THE REST?

      Your (a), as Stephan noted. Company X is not liable under any imaginable
      theory for any of 1 through 5 (well, not under any legal theory the writer
      can imagine anyone trying to use). "Restitution" would be just another
      legal theory for trying to make it pay -- basically like indemnity (here,
      restitution just means making it whole, restoring to it the amount of its
      loss).
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