Common use of Apportionment of Liability Clause in Contracts

Apportionment of Liability. If you claim compensation, damages or contribution from us for loss or damage arising from acts or defaults (including negligence) on our part and some or all of that loss or damage was due to or contributed to by: your own acts or defaults or by the acts or defaults of other persons for whose actions or defaults you are responsible; or the acts or defaults of one or more other persons, not being partners, employees or agents for whose conduct we are responsible, then we will be liable only for that proportion of the loss or damage which our acts or defaults bear relative to the totality of the conduct of all persons causing or contributing to the loss or damage. Where any law relating to proportionate liability applies to a claim against us, this clause does not seek to exclude the operation of that law but will continue to operate to the extent that its operation is consistent with that law.

Appears in 4 contracts

Samples: Costs Agreement, Costs Agreement Terms and Conditions, www.pdlaw.com.au

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