‘Exclusion me, is that a wilful breach in our airspace?’

“Exclusion clauses are to be construed by reference to the normal rules of contractual interpretation even in cases of alleged deliberate, fundamental or wilful breach: Mott Macdonald v Trant Engineering. Under a settlement and services agreement Mott Macdonald provided consultancy services about work being carried out by Trant Engineering at an RAF military base in the Falkland Islands. The agreement contained three clauses limiting or excluding Mott Macdonald’s liability for breach …” (more)

[Lawrence Clare, Compact Contract, 19 April]

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