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Two clauses. A lot of money at stake.
Indemnity decides who bears certain losses when things go wrong.
A damages cap decides how much liability a party may have to pay.
They sound simple, until you’re negotiating a contract and realise that one clause can shift risk while the other limits it.
And here’s where the real drafting work begins: making sure the two clauses actually work together.
Because a liability cap is only as useful as its exceptions, and an indemnity is only as clear as the losses it covers.
A few handwritten notes from my contract drafting desk.
Still believe the best way to understand a clause is to break it down, pen and paper first.
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