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If the agent breaches his/her contractual duties, he/she is liable for the damage. Thus, the liability for damages is based on contract. The most important criterion for establishing liability is to evaluate, whether or not the agent has acted with care.
Simple Consulting Agreement The names of all parties involved. The names of the businesses involved. The scope of work. The time frame covered by the agreement. Compensation terms. Clarification about the consultant's role as an independent contractor. A confidentiality agreement.
?Consultant agrees to hold harmless and indemnify Client from any and all liability, arising out of Consultant's negligence, whether it be sole or in concert with others, in connection with performance of the services described herein.? caused by Consultant's negligent performance of services.?
To limit your liability and protect your assets, you should include a liability clause in your consulting contract that defines the maximum amount of compensation you are liable for, the types of damages you are not liable for, and the situations in which you are not liable at all.