Should a liability cap be subject to a carve-out for gross negligence? What are the potential pitfalls of attempting to avoid an exclusion of a loss by reframing it as something else?
In this video, James Russell and Rohan Isaacs look at recent case law in these areas, and the implications for a business negotiating an outsourcing, technology or transitional services agreement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.