A party's perception of what might be "fair" in the way of liability limitations is often a function of whose economic ox is being gored, who has bargaining leverage, and what market pressures are.
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A common expectation in the legal field is that deteriorating economic conditions will cause a rise in litigation as employees are laid off, margins become tighter and stressed companies fail to perform obligations. However, in the current recession, the expected jump in litigation has not materialized to the extent anticipated. There may be various reasons why.
Tagged with: ADR Alternative Dispute Resolution
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