Overview

Clauses which exclude or limit a party's liability under a contract are often the subject of much negotiation in the process and engineering sectors. They are a key factor in the assignment of risk between the parties, and in the determination of price. It is common practice for such clauses to expressly state that they will not apply to a party's liability for wilful default or deliberate breaches of contract. This briefing from Eversheds examines to what extent a party's wilful default or deliberate breach be covered by the exclusion or limitation of liability.

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