Asked by
Avery Watkins
on Nov 29, 2024
Verified
Which of the following is NOT true with regard to an exculpatory clause?
A) An exculpatory clause excuses one party from liability for her own tortious conduct.
B) Where one party has a superior bargaining position that has enabled him to impose an exculpatory clause upon the other, the courts are inclined to nullify the provision.
C) An exculpatory clause may be unenforceable for unconscionability.
D) Exculpatory clauses are almost always against public policy.
Exculpatory Clause
A contract provision that relieves one party of liability if damages are caused during the execution of the contract.
Liability
A legal responsibility or obligation that may arise from any number of legal claims or is imposed by law.
Unconscionability
A contract or term within a contract that is so unjust or overwhelmingly one-sided in favor of the party who has the superior bargaining power.
- Comprehend the legal consequences and the ability to enforce exculpatory clauses.
Verified Answer
KG
Learning Objectives
- Comprehend the legal consequences and the ability to enforce exculpatory clauses.