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 ?
pdf     Negligence Exculpatory Clauses Appellant challenged the District Courts grant of summary judgment in favor of respondent, arguing that appellants claims were not barred by an exculpatory clause; or, alternatively, that respondents conduct was greater-than-ordinary negligence not covered by the exculpatory clause.
66) The defendants argued, alternatively, that they were protected from liability because they had relied on the work of other officers and employees as is permitted by North Carolina law, and that the director defendants were protected from liability because of the express elimination of liability provided by an exculpatory clause in Cooperative's articles of incorporation.
prohibits an exculpatory clause and obviates the potential for
222) More specifically, section 96(1) enforces such an exculpatory clause so long as it was freely negotiated, applies only to negligent (not bad faith) conduct, and does not relieve the trustee of "accountability for profits" deriving from the breach.
An exculpatory clause generally does not offer protection against claims for breaches of the duty of loyalty, intentional misconduct, knowing violations of law or actions not taken in good faith.
contracts included exculpatory clause were less likely to report that
In many cases, the limitation language, exculpatory clause, or waiver of subrogation may well apply.
186) This is fitting, for the crux of the usual contention that class waivers are unconscionable under applicable state contract law (187) is a permutation of a cost-based argument--namely, that the underlying claims are economically viable only in the aggregate, such that the class waiver functions as an exculpatory clause.
An overbroad exculpatory clause may be stricken by the court, thus defeating the original intent of the settlor or testator.
Why is the exculpatory clause incompatible with the principles of ethical research?
92) To meet this standard, the court announced a requirement that the exculpatory clause expressly mention "negligence," "fault" or "an equivalent.
The question is: Can a CPA performing attest services include an exculpatory clause or a limitation of remedy in the engagement letter?