Jul 27, 2021 19:18
2 yrs ago
50 viewers *
English term

Incurred by

English Law/Patents Law: Contract(s) A term in a Clause
Hi!

The term "Incurred by" is in:

Subject to clause 13.2, the parties aggregate liability for loss or damage suffered or incurred by the Licensee in connection with this Agreement during any six (6) month period commencing on the date of this Agreement or any six (6) month anniversary of that date is limited to $5,000.

I am not sure, "Incurred by" means:
- borne by the Licensee
OR
- caused by the Licensee?

Thank you!

Discussion

Mark Robertson Jul 27, 2021:
incur To incur means to acquire a liability by operation of law, or non-affirmatively by contract.

For example, if I make a contract to buy something, that is affirmative. The obligation/liability to pay the price is not incurred it is assumed.

However, if I harm someone, or breach a contract, the consequent liability to the victim, or other party to the contract, is incurred, not assumed.

Responses

+7
16 mins
Selected

borne by

losses that happened to him= suffered by /incurred by him

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Note added at 18 mins (2021-07-27 19:36:46 GMT)
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also sustained/experienced by

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Note added at 18 mins (2021-07-27 19:37:35 GMT)
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https://www.dictionary.com/browse/incur

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Note added at 5 days (2021-08-01 20:45:27 GMT) Post-grading
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glad to have helped
Peer comment(s):

agree Clauwolf
1 hr
Thanks:-)
agree philgoddard : Yes, 'suffered or incurred' is a tautology.
2 hrs
Thanks:-)
agree Sajad Neisi
12 hrs
Thanks:-)
agree Iuliia Vinitchenko
15 hrs
Thanks:-)
agree Orkoyen (X)
18 hrs
Thanks:-)
agree Tina Vonhof (X)
18 hrs
Thanks:-)
agree EirTranslations
21 hrs
Thanks:-)
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4 KudoZ points awarded for this answer. Comment: "Thank you!"
3 days 21 hrs

for which (that party) is liable (to someone else)

I think this makes it clearer than Yvonne's answer
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