Tag Archives: wilful misconduct

Drafted clause makeover #2

Reviewing a limitation-of-liability clause from a Dutch commercial contract Let’s take a close look at another problematic clause from a Dutch contract drafted in English. Here is a typical limitation-of-liability clause (exoneratieclausule), taken at random from a Dutch judgment: Except in the case of gross negligence or wilful misconduct from X, the liability of X… Read more