Comment by zdragnar

Comment by zdragnar 4 hours ago

1 reply

Liability is capped by court (e.g. small claims court) or by specific claim type depending on the legislation of the jurisdiction (e.g. speeding tickets typically have set fines varying by state).

Liability is not capped by your ability to understand the law. If that is your concern, you shouldn't be doing business anywhere, US or otherwise.

throwaway150 4 hours ago

> Liability is capped by court (e.g. small claims court) or by specific claim type depending on the legislation of the jurisdiction (e.g. speeding tickets typically have set fines varying by state).

What you are saying is partly true and overly simplified. Are you a lawyer? Do you have legal expertise? If not, I don't understand why you feel compelled to advise on things you understand so little yourself? Are you going to compare my contract with my vendor with speeding ticket? Are you kidding me?

Comparing contractual liability to speeding fines makes me think you have not a clue of what you're talking about. Speeding penalties are statutory and predefined. Commercial liability usually is not. In Europe, most serious business disputes never go near small claims courts. They go to ordinary civil courts or arbitration, where damages depend on the contract, applicable law, and the specific facts. There is often no automatic cap unless the contract explicitly sets one, and even then its enforceability depends on jurisdiction and circumstances.

Small claims limits only restrict which court hears the case, not the total liability. A claimant can often file in a higher court or pursue related claims elsewhere. And in cross-border European business, jurisdiction, governing law, and enforcement become additional risks. Getting this wrong can expose you to far more liability than you expected.

Liability is not limited by your personal understanding of the law. That is why businesses do not rely on guesswork. Contracts are reviewed, liability caps are negotiated, insurance is obtained and lawyers are paid to spot risks that non-lawyers routinely miss.

> If that is your concern, you shouldn't be doing business anywhere, US or otherwise.

Yes, that is my concern. I do business in Europe. By paying actual laywers. And I'll continue to do so. Thank you very much.