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Liability Clause Negotiation Tips
Summary
The company prefers not to include a limitation of liability clause due to product nature, requiring transporters to insure third-party liabilities per clause 13(a). To counter, emphasize the importance of such clauses for risk management, propose a ₹10,000 liability cap, and highlight existing insurance coverage. This approach balances risk management and fairness, aligning with industry standards. A non-solicitation clause prevents soliciting employees or clients, while a non-compete clause restricts engaging in similar business post-agreement. A decree is a formal adjudication determining parties rights, while an order is a civil court decision not constituting a decree.Full Conversation
so there is the negotation between transporter and client i am from transporter side i will show you *(a) as well as liability clause which we had incorporated into the agreement, so suggest some best comment to counter their comment which is mentioned above
To counter their comment, you can consider the following points:
- Risk Management: Highlight that incorporating a limitation of liability clause is crucial for risk management and protecting both parties from unforeseen circumstances.
- Insurance as Supplementary: Emphasize that while insurance is mandatory, the limitation of liability clause serves as an additional layer of protection, ensuring clear boundaries and responsibilities.
- Industry Standard: Mention that such clauses are industry standard practices to ensure balanced liability and accountability.
Would you like any more specific suggestions or guidance on how to present these points?
- Risk Management: Highlight that incorporating a limitation of liability clause is crucial for risk management and protecting both parties from unforeseen circumstances.
- Insurance as Supplementary: Emphasize that while insurance is mandatory, the limitation of liability clause serves as an additional layer of protection, ensuring clear boundaries and responsibilities.
- Industry Standard: Mention that such clauses are industry standard practices to ensure balanced liability and accountability.
Would you like any more specific suggestions or guidance on how to present these points?
so suggest best counter-reply stating that we can insure maximum *,* liability, moreover the transport insurance and vehicle we are already taking, despite we would not be laible for any other direct/indirect losses, so we had initiated maximum amount that can be bearable by us
Here's a concise counter-reply you could use:
"We propose a liability cap of ₹*,*, while already ensuring transport and vehicle insurance coverage. This cap safeguards against other direct/indirect losses. Our approach balances risk management and fairness, reflecting industry standards and ensuring clarity in responsibilities."
Let me know if you need further assistance!
"We propose a liability cap of ₹*,*, while already ensuring transport and vehicle insurance coverage. This cap safeguards against other direct/indirect losses. Our approach balances risk management and fairness, reflecting industry standards and ensuring clarity in responsibilities."
Let me know if you need further assistance!
into proper legal drafting as legal team is replying the same
Case Rating: *
For legal drafting, you may consider the following points:
- Liability Cap Clause: Clearly state that the liability cap is ₹*,*.
- Insurance Coverage: Mention existing transport and vehicle insurance coverage.
- Risk Management: Emphasize how this approach balances risk management and fairness.
- Industry Standards: Highlight adherence to industry standards to ensure clarity.
If you need further assistance with legal drafting, please let me know!
For legal drafting, you may consider the following points:
- Liability Cap Clause: Clearly state that the liability cap is ₹*,*.
- Insurance Coverage: Mention existing transport and vehicle insurance coverage.
- Risk Management: Emphasize how this approach balances risk management and fairness.
- Industry Standards: Highlight adherence to industry standards to ensure clarity.
If you need further assistance with legal drafting, please let me know!
We propose a liability cap of Rs.*,* while already ensuring transport and vehicle insurance coverage or any third party losses. This cap safeguard against other direct/indirect losses. Our approach balances risk management and fairness and to create win to win to both the parties. the best counter reply what you suggest?
Case Rating: *
Here's a suggested counter-reply for legal drafting:
- Liability Cap Clause: "We propose a liability cap of ₹*,*."
- Insurance Coverage: "Transport and vehicle insurance covers third-party losses."
- Risk Management: "This cap balances risk management and fairness."
- Industry Standards: "It aligns with industry standards, ensuring mutual benefit."
If you need further assistance, feel free to ask!
Here's a suggested counter-reply for legal drafting:
- Liability Cap Clause: "We propose a liability cap of ₹*,*."
- Insurance Coverage: "Transport and vehicle insurance covers third-party losses."
- Risk Management: "This cap balances risk management and fairness."
- Industry Standards: "It aligns with industry standards, ensuring mutual benefit."
If you need further assistance, feel free to ask!
re-draft if any changes required?
Case Rating: *
Here's a revised legal drafting suggestion:
- Liability Cap Clause: "We propose a liability cap of ₹*,*."
- Insurance Coverage: "Transport and vehicle insurance covers third-party losses."
- Risk Management: "This cap balances risk management and fairness."
- Industry Standards: "It aligns with industry standards, ensuring mutual benefit for both parties."
Let me know if you need more help!
Here's a revised legal drafting suggestion:
- Liability Cap Clause: "We propose a liability cap of ₹*,*."
- Insurance Coverage: "Transport and vehicle insurance covers third-party losses."
- Risk Management: "This cap balances risk management and fairness."
- Industry Standards: "It aligns with industry standards, ensuring mutual benefit for both parties."
Let me know if you need more help!
into paragraph format
Case Rating: *
The company wishes to avoid including a limitation of liability clause in the agreement due to the nature of the products or consignment, opting instead for silence on the clause. The transporter is required to procure insurance for third-party liabilities as detailed in clause *(a). To counter this, from the transporter's side, it is suggested to emphasize the importance of the limitation of liability clause for risk management, highlighting it as an industry standard practice. Additionally, the transporter proposes a liability cap of ₹*,*, ensuring coverage through transport and vehicle insurance, safeguarding against other direct/indirect losses. This approach aims to balance risk management and fairness, reflecting industry standards, and ensuring clarity in responsibilities.
The company wishes to avoid including a limitation of liability clause in the agreement due to the nature of the products or consignment, opting instead for silence on the clause. The transporter is required to procure insurance for third-party liabilities as detailed in clause *(a). To counter this, from the transporter's side, it is suggested to emphasize the importance of the limitation of liability clause for risk management, highlighting it as an industry standard practice. Additionally, the transporter proposes a liability cap of ₹*,*, ensuring coverage through transport and vehicle insurance, safeguarding against other direct/indirect losses. This approach aims to balance risk management and fairness, reflecting industry standards, and ensuring clarity in responsibilities.
non-solication clause
Case Rating: *
A non-solicitation clause generally prevents one party from soliciting the employees or clients of the other party involved in an agreement. It helps protect business interests and relationships. Are you looking for more information on how to draft or negotiate a non-solicitation clause in Maharashtra?
A non-solicitation clause generally prevents one party from soliciting the employees or clients of the other party involved in an agreement. It helps protect business interests and relationships. Are you looking for more information on how to draft or negotiate a non-solicitation clause in Maharashtra?
After expiry or sooner determination of this Agreement, the C & F Agent shall not engage himself directly or indirectly in any similar business as of the Company, for a period of * (One) year post termination/expiry of the Agreement. it come under non-solicitation clause?
Case Rating: *
The clause you've mentioned pertains to a non-compete agreement, not a non-solicitation clause. A non-compete clause restricts a party from engaging in similar business activities for a specified period after the agreement ends. Non-solicitation clauses specifically deal with preventing the solicitation of employees or clients. Would you like more details on non-compete clauses in Maharashtra?
The clause you've mentioned pertains to a non-compete agreement, not a non-solicitation clause. A non-compete clause restricts a party from engaging in similar business activities for a specified period after the agreement ends. Non-solicitation clauses specifically deal with preventing the solicitation of employees or clients. Would you like more details on non-compete clauses in Maharashtra?
difference between decree & order
Case Rating: *
A decree and an order are legal terms used in Indian law:
- Decree: A formal expression of an adjudication by which rights of parties are conclusively determined. It is passed in a suit.
- Order: A formal expression of any decision of a civil court that is not a decree. It can be passed in a suit or proceedings.
Let me know if you need more details!
A decree and an order are legal terms used in Indian law:
- Decree: A formal expression of an adjudication by which rights of parties are conclusively determined. It is passed in a suit.
- Order: A formal expression of any decision of a civil court that is not a decree. It can be passed in a suit or proceedings.
Let me know if you need more details!
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