Exclusion - Information from Third Party

Contract Type:
Generic Contract
Jurisdiction:

Neither party shall be liable for any loss or damage arising from any information, advice or recommendation provided by any third party.

Explanation

Here is a plain English explanation of the Exclusion - Information from Third Parties clause:

This clause states that neither party is responsible for any harm caused by information, advice or recommendations that come from any third party.

A third party is anyone outside of the two parties signing the contract.

The clause excludes liability if one party passes along information or suggestions from a third party, and it ends up causing damages or loss to the other party.

Since the information originated from an outside third party, the party sharing it will not be liable for those damages.

The purpose is to prevent parties from being responsible for problematic information they merely transmit, but did not create or endorse.

In summary, this clause excludes liability for any issues arising from third party information exchanged between the contracting parties.

Neither party is accountable for third party content.

History of the clause (for the geeks)

Information exclusion clauses arose to delimit liability as knowledge transfer became complex.

Key historical developments include:

Early privity laws confined fault to parties directly linked to disputed acts, shielding intermediaries.

The growth of technical consulting broadened potential liability for passing deficient advice.

Publishers invoked exclusions against liability for third party content as case law evolved.

New industries like credit rating services claimed exclusions for third party furnished data.

As access to third party information accelerated, vetting responsibility required definition.

Modern disclaimers by social media platforms against liability for user content follow this evolution.

Open innovation environments needed exclusions as participants shared unverified input.

Collaborative networks and big data further distributed responsibility across knowledge sources.

Overall, exclusions emerged to foster exchange, while confining accountability to direct creators of information.

In summary, third party information exclusions took on greater importance with increasingly interconnected but unvetted data flows, clarifying where liability starts and ends.