Is it within the competence of the parties to contract out of their respective liabilities for negligence inter se?
Alberta, Canada
The following excerpt is from Majestic Theatres Limited v. N.A. Properties Ltd., 1985 ABCA 13 (CanLII):
In my view it is within the competence of the parties to a lease to contract out of their respective liabilities for negligence inter se. J. Nunes Diamonds v. Dominion Electric Protection (1972) 1972 CanLII 12 (SCC), 26 D.L.R. (3d) 699. In this case they have done so.
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