In a landmark decision issued on April 24, 2025, the California Supreme Court ruled that contractual clauses limiting liability for intentional torts are unenforceable under California Civil Code § 1668. The case, New England Country Foods, LLC v. VanLaw Food Products, Inc. (S282968), arose when NECF accused VanLaw of intentionally misappropriating its barbecue sauce recipe to sell directly to Trader Joe’s, violating their manufacturing agreement. VanLaw sought to dismiss the claims based on a contract clause limiting damages, but the Court held that any provision attempting to limit liability for willful injury is invalid, regardless of the parties’ sophistication or the clause’s scope.
This decision clarifies that while limitations on liability for ordinary negligence may be enforceable under certain conditions, any attempt to contractually limit damages for intentional misconduct is categorically prohibited.
Read the full opinion here.