Part 1 - Gross negligence and reframing a type of loss

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.