Legal risk is only one part of the decision

A contract can have a sensible liability cap and still be economically weak because of payment terms, implementation effort, service credits or a termination structure that shifts too much downside to the supplier.

Likewise, a clause can carry risk that the business rationally chooses to accept because the commercial upside is worth it.

A clause can be legally acceptable and commercially expensive. The deal needs both views at the same time.

Commercial context changes the answer

The useful question for Legal is not “can all risk be removed?” It is “what risk matters, what does it cost, and is the business choosing it knowingly?”

That is why strong in-house counsel increasingly acts as a business partner rather than a gatekeeper.

The whole deal still needs one decision

Legal should see the economics that make a concession sensible. Finance should see the clause that can create downside. Delivery should see the obligation it must operationalize.

The contract is where many decisions become binding. Commitment Clearance belongs before that point.