A clause that excludes or limits liability even for a profoundly serious breach of contract is unenforceable,if it is unconscionable or would be unfair or unreasonable.

Question

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Such clauses, known as exclusion or limitation clauses, can be deemed unenforceable if they are found to be unconscionable, unfair, or unreasonable, especially in cases of serious breaches. This is because the law aims to prevent parties from evading liability for significant wrongdoing through contractual terms.

A Clause That Excludes or Limits Liability Even for a Profoundly