Negligence, Gross Negligence, and Willful Misconduct Terms in Commercial Contracts

Summary

Commercial agreements will often use the terms negligence, gross negligence, and willful misconduct for a variety of purposes. For example, these standards of conduct can be used as the basis for termination of an agreement, to trigger contractual obligations, such as a duty to indemnify, or to circumvent contractual provisions, such as a limitation of liability clause.