1.   To summarise the exposition so far, a fiduciary cannot exclude liability for fraud, deliberate breach of duty and possibly gross negligence.

2.   The court will be disclined to construe a clause as excluding liability for deliberate breaches of contract or so as to defeat the whole object of the contract.

3.   They have instead pointed to an error, a misunderstanding, or a deliberate breach of flight instructions by the Kazak pilot as the probable cause of the crash.

4.   Police said the incident was not a deliberate breach of security.