Part #3 and Final part of a 3-Part saas Training Series
Once chosen, the liability structure should clearly distinguish one aggregate cap from multiple resetting caps, without leaving courts to reconstruct the parties’ intent.
Drax v Wipro and TCS v DBS show that phrases like “Total liability,” “total aggregate liability,” and “any and all claims” suggest one cap; per-claim or per-event wording suggests multiple caps.
Wording matters!
You have now seen how a small redline can change exposure, how different cap structures allocate risk, and how to draft the intended result clearly.
The Practical SaaS Contract MasterClass takes that analysis further by working through the customer and vendor positions, the redlines that change risk, and the arguments and strategies that can resolve negotiation deadlocks.