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Delaware Superior Court Addressed Limitations On Damages Clause

Delphi Petroleum  v. Magellan Terminals Holdings L.P., C.A. No. 12C-02-302 FWW ( June 23, 2015)

This decision explains when a limitations on damages clause may not be
enforceable, such as when the claim is for fraud. As the Court noted, bad faith
conduct may also be outside the protection of such a clause.

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