P delivered X to D to be stored. Contract said warehousemen liability restricted unless purchase extra insurance. P knew this and didn’t purchase insurance. X damaged by D
What is the extent to which employees can claim the benefit of their employer’s contractual limitation of liability clause?
Employees can benefit for a limited liability clause if they are:
**Expressly or impliedly included in the benefit/limitation clause.
**If they were acting in the course of their employment, and
**Performing the very services contracted for by the P when damages occurred.
Ds employees can benefit from the limitation of liability clause