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Am I the only one who thinks boilerplate liability caps are overrated?
I read a study from a legal analytics firm last month that said only 12% of agency contract disputes ever hit the capped limit in payouts. The rest settled or got resolved under the cap anyway. So why do we spend hours negotiating a $50k cap when the real risk is losing a client relationship over a $10k mistake? I found this in a report from Thomson Reuters about contract litigation trends. Maybe it's just me but it feels like we focus on the wrong numbers. Has anyone else seen data that suggests caps don't matter as much as we think?
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blake6918d ago
That 12% stat from Thomson Reuters really hits home. I've been in those negotiation rooms where everyone acts like the cap is a life or death thing, but honestly, most of the time it's just noise.
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the_holly8d ago
Oh totally! It's like how people obsess over picking the exact right insurance deductible but ignore that they're paying for roadside assistance they'll probably never use.
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