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.

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In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority is, there is responsibility. This responsibility can be translated into the financial contribution of the co-owners, since in the event of a judgment condemning the syndicate to pay a sum of money, this judgement will be enforceable against him and each of the persons who were co-owners at the time the cause of action arose, proportionately to the relative value of his fraction. Therefore the law obliges any syndicate of co-owners to take out insurance covering its civil liability towards third parties.
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