Common use of GENERAL PRINCIPLE OF LIABILITY Clause in Contracts

GENERAL PRINCIPLE OF LIABILITY. 6.3.1 A developer is liable absolutely, without proof of fault or negligence, for loss or damage suffered by a claimant as a result of its development activity within the Nunavut Settlement Area in respect of: (a) loss or damage to property or equipment used in wildlife harvesting or to wildlife reduced into possession; (b) present and future loss of income from wildlife harvesting; and (c) present and future loss of wildlife harvested for personal use by claimants. 6.3.2 A developer is not liable where that developer establishes that the loss or damage was wholly the result of an act of war, hostilities, civil war, insurrection, or natural phenomenon of an exceptional, inevitable and irresistible character. 6.3.3 Claimants shall make all reasonable attempts to mitigate against any loss or damage. 6.3.4 Legislation may provide for appropriate limits of liability of developers or the methods of setting such limits and shall also require proof of fiscal responsibility and may also provide for security deposits and any other matters not inconsistent with this Article. Recognizing Inuit concerns regarding collection of compensation, Government will give consideration to including enforcement mechanisms. Limits on liability will be set at levels sufficient to cover reasonably foreseeable damages in relation to various development activities.