Drafting: If the cap fits

Herbert Smith Freehills LLP | Procurement & Outsourcing Journal | March/April 2018 #41
James Farrell and Sophie Jones explore the lessons to be learned from a recent case on liability caps ‘Although the court will consider commercial common sense and the surrounding circumstances, its focus is first and foremost on the language used. The language used is something that contracting parties have control over, and they should exercise …

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Drafting: Plain speaking

Penningtons Manches Cooper LLP | Procurement & Outsourcing Journal | July/August 2014 #19
Mark Lewis provides a timely reminder of the validity of exclusion and limitation clauses ‘In construing any clause in a contract, including an exclusion or limitation clause, the court should decide what the words would mean to a reasonable person having all the relevant background knowledge including the contract itself as a whole.’A critical issue …

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