Wilful misconduct and deliberate default in commercial contracts
Produced in partnership with Tim Wright of Fladgate
Practice notesWilful misconduct and deliberate default in commercial contracts
Produced in partnership with Tim Wright of Fladgate
Practice notesThis Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements.
What is an exclusion or limitation of liability clause?
An exclusion clause is a contractual term which sets out exclusions upon liability. It is sometimes referred to as an exemption clause. A limitation of liability clause is a contractual term which sets out limitations upon liability. Both of these types of clauses are subject to statutory and common law controls. For more on those general controls, see Practice Note: Exclusion and limitation of liability and for an example limitation of liability clause, see Precedent: Limitation of liability clause.
What do the terms used in these types of clauses mean and why is this important?
The terms used in an exclusion or limitation of liability
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.