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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. |
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| In a lease, the exculpatory clause relieves the landlord of liability for personal injury to tenants or damage to tenants' property. In most states, if a contract of adhesion (meaning a "take-it-or-leave-it" contract drafted by the more powerful party) would serve as an exculpatory clause (meaning a contract term that would deny the weaker party any effective means of vindicating its legal rights), then the contract (or at least the term that renders it exculpatory) is unconscionable. Although exculpatory clauses may help certain trustees avoid liability for a breach of trust, it's unlikely that an exculpatory clause will avoid the removal of a negligent trustee. |
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exculpatory clause
