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contracts, Domain Registrar, Gross Negligence, New York

Court in Domain Hijacking Case, Reminds Parties: You Can't Contractually Limit Liability in NY for Willful or Grossly Negligence Conduct

By InfoLawGroup LLP on September 22, 2010

Under New York law it's settled doctrine that "contractual provisions that 'clearly, directly and absolutely' limit liability for 'any act or omission' are enforceable, 'especially when entered into at arm's length by sophisticated contracting parties.'" And that New York courts "generally enforce contractual waivers or limitations of liability."