Risk Allocation
Entries across the digest that deal with risk allocation.
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Contracts & Commercial
Limiting Liability: Caps, Carve-Outs, and Consequential Damages Waivers
A liability clause caps recoverable amounts and strikes whole damage categories. State contract law controls whether it holds, and predictable drafting gaps make it fail.
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Contracts & Commercial
Set-Off and Netting Rights Between Trading Partners
Set-off lets a party apply what it is owed against what it owes, but only where the debts are mutual. Contracts and bankruptcy law both change the answer.
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Contracts & Commercial
Warranty Disclaimers in Business-to-Business Sales
Between merchants, implied warranties can be excluded, but the code sets specific wording and visibility requirements, and express warranties are far harder to erase.
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Insurance
Additional Insured Endorsements and Who Is Actually Covered
Additional insured status comes from the endorsement's wording, not from the contract that required it. Common forms limit coverage to liability caused by the named insured's own acts.
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Insurance
Other-Insurance Clauses and Coordination Between Policies
Other-insurance clauses decide which of several overlapping policies pays first. When two clauses cancel each other out, courts commonly ignore both and share the loss.
