vastuunrajoitus

Vastuunrajoitus is a contractual clause that limits or excludes liability for damages arising from a contract or fault. It may cap the total liability or exclude certain types of damages, such as indirect or consequential damages. Such clauses are common in commercial relationships, service agreements, software licenses, and online terms of service.

Enforceability and limits: In Finnish law, vastuunrajoitus is governed by general contract principles and the Unfair Terms in Consumer Contracts Act. The clause must be clear and specific and cannot be used to circumvent mandatory liability rules. In consumer contracts, the scope is particularly controlled; clauses that economically deprive the consumer of essential rights or that are unreasonable may be deemed void. Exclusions from liability for death or personal injury caused by negligence are generally not allowed, but specifics depend on context and mandatory law.

Practical considerations: Courts assess reasonableness based on contract type, bargaining power, availability of alternatives, and the nature of potential damages. It is common to cap liability at the fees paid under the contract or to exclude indirect damages, while leaving obligations such as confidentiality or data protection unaffected. Drafting should ensure the clause is conspicuous and explicit to minimize disputes.

Relation to other laws: Vastuunrajoitus interacts with consumer protection, data protection, and liability regimes for products and services. It does not create new rights but defines the scope of liability parties owe each other.

See also: liability, contract law, Unfair Terms in Consumer Contracts Act.