Paul Peter Nicolai
Limiting Unfair & Deceptive Practices Liability
Updated: Aug 10, 2022
Where a tenant filed a 93A complaint against the landlord, a limitation of liability provision in a lease did not protect the landlord from being held liable for a willful and knowing violation of Chapter 93A.
Why This Is Important… Many businesses use liability limitation contract clauses to minimize potential damages. This ruling means that in cases where this town that the defendant engaged in willful or knowing unfair or deceptive conduct, it is illegal to enforce such a liability limiting clause. The business will be open to full damages.