Contracts, Limitation of Liability, Intentional Tort< Civil Code 1668, 1, 4
This decision holds that Civil Code 1668 denies enforcement to a contractual limitation of liability clause limiting the amount and types of damage (i.e., no consequential damages or lost profits damages) insofar as the clause applied to plaintiff’s claims for intentional interference with prospective economic advantage, which the court assumed, but did not decide, were claims for “willful injury.” The decision strongly condemns any attempt to limit or avoid liability for intentional torts or gross negligence.