exculpatory clause


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exculpatory clause

a clause in an agreement that excuses the signatory from any blame, e.g. in an admission to hospital certificate. Legal opinion is that these have very little use as a defense against a suit for damages based on negligence.
References in periodicals archive ?
The critical feature of Concepcion consists of the lower courts' odd framing of the unconscionability problem: not in terms of equivalence to an exculpatory clause but, instead, by reference to optimal deterrence, predicated on the existence of a fundamental difference between class actions under Rule 23 and other procedural rules that may influence claiming.
In the leading cases striking down class action bans, the policy the courts relied on was articulated by laws barring exculpatory clauses that make it impossible for consumers or employees to effectively vindicate their statutory rights.
the fact that, in invoking the exculpatory clause of the contract,
16461, exculpatory clauses can't limit liability for gross negligence or intentional acts.
Engagement letters for such forensic accounting engagements as litigation support, fraud detection and expert witness assignments should include the general contents noted earlier with the error and irregularity exculpatory clause.
Because the settlor knowingly and voluntarily agreed to the exculpatory clause, respect for her free will requires a court to uphold it.
Properly read, these cases set forth the principle that a class action ban is unconscionable if, on the facts of the particular case, it would serve as an exculpatory clause.
At the heart of every analysis over enforcement of an exculpatory clause lies the issue of conspicuousness of the language employed.
Presuming that the exculpatory clause is enforceable, this typical response is wrong.
A typical exculpatory clause included in subsurface conditions provisions might take the following form:
the so-called exculpatory clause, under which a landlord is no longer liable, once it sells its interests] and to the ground leases, underlying leases and mortgages hereinbefore mentioned.