DCR INC. v. Peak Alarm Co.

I agree with the majority opinion that the limitation of liability clause in the contract pertains only to actions brought under the contract and does not affect tort liability. The law does not look with favor upon a covenant which purports to relieve one of the fundamental duties of due care for the safety of others. As to tort actions, such a covenant may be void as against public policy, at least in some cases, but if not, such a clause is strictly construed in actions ex delicto and is binding only if the parties’ intention to relieve one of the parties from the duty of due care imposed…