Lawyers & Damages

I have been deep inside contract negotiations for a major project.

If you are a lawyer, listen up: Why can you not get along? It seems that a lawyer's idea of negotiation is to simply strike out what the other lawyer said, and reinstate what the other lawyer struck. It's like Word Document Ping Pong.

After lamenting about this to a friend, a friend at work pulled out this gem from a Microsoft EULA:

  • Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
    This limitation applies to …

$5. Awesome. And you'd have to prove direct loss.