Tech & Legal Updates
Short, executive level legal and commercial updates for founders and leaders of scaling technology businesses.
Liability caps remain strictly enforced in commercial contracts
Courts continue to apply a strict interpretation to negotiated liability caps, with clearly drafted provisions typically upheld even where losses are significant. This reinforces the need for precise drafting in SaaS agreements. Suppliers must align pricing with risk exposure, while customers should negotiate carve-outs for data loss, IP infringement, and service failure.
