A few examples are that an intentional breach may extend liability to unforeseen losses (art. 3:703 DCFR) and it is commonly accepted that agreements on the exemption and limitation of liability may be declared void in case of intentional misconduct. It is important to observe that the Supreme Court case NJA 2017 s. 113, in which the Supreme Court clarified that gross negligence does not constitute an independent ground on which a limitation liability clause can be set aside, does not deal with intentional breaches of contract (for a brief review of the case, see my article published in Dagens Juridik at http:// www.dagensjuridik.se/2017/03/hd-klargor-grov-vardsloshet-ingen-sjalvstandiggrund-att-asidosatta-en-ansvarsbegransning). Furthermore, intentional breaches are by some instruments considered an important factor when establishing whether a breach is fundamental or not (art. 7.3.1 (2)(c) UNIDROIT Principles and art. 3:502 (2)(b) DCFR). Another recent example of the major impact intentional breaches may have when discussing remedies will be discussed infra in Section 3.
A few examples are that an intentional breach may extend liability to unforeseen losses (art. 3:703 DCFR) and it is commonly accepted that agreements on the exemption and limitation of liability may be declared void in case of intentional misconduct. It is important to observe that the Supreme Court case NJA 2017 s. 113, in which the Supreme Court clarified that gross negligence does not constitute an independent ground on which a limitation liability clause can be set aside, does not deal with intentional breaches of contract (for a brief review of the case, see my article published in Dagens Juridik at http:// www.dagensjuridik.se/2017/03/hd-klargor-grov-vardsloshet-ingen-sjalvstandiggrund-att-asidosatta-en-ansvarsbegransning). Furthermore, intentional breaches are by some instruments considered an important factor when establishing whether a breach is fundamental or not (art. 7.3.1 (2)(c) UNIDROIT Principles and art. 3:502 (2)(b) DCFR). Another recent example of the major impact intentional breaches may have when discussing remedies will be discussed infra in Section 3.s. 464