Definition : Disclaimer

Clause inserted in a contract by which the debtor of an unperformed obligation seeks to limit his contractual liability vis-à-vis his counterparty, and this by providing in advance that he is not liable for damages suffered by his fault or by his provision of service. The limitation of civil liability clauses remain subject to the limits provided for by the rules specific to certain named contracts as well as by articles of public order 1474 and 1475 of the Civil Code of Quebec. However, following a decision by the Supreme Court of Canada, the full effect of limitation of liability clauses in private contracts was recognized in certain circumstances.