An exculpatory clause is part of an agreement which relieves one party from liability. It is a provision in a contract which is intended to protect one party from being sued for their wrongdoing or negligence.
Many of us encounter exculpatory clauses everyday without ever knowing it. Some examples of exculpatory clauses include:
The general rule is that exculpatory clauses are enforceable if they are reasonable. They are not valid if they are unconscionable or unreasonable. Additionally, they cannot excuse liability from harm which is caused intentionally or recklessly. Courts will also consider a number of factors in determing whether or not to enforce an exculpatory clause, including:
A business attorney can be helpful in any situation where two parties are entering into an agreement. Whether you need a contract drafted, want to modify an existing contract, or have been sued for breaching a contract, an attorney can inform you of your options. An attorney can also help create, enforce, or invalidate exculpatory clauses in your contract.
Last Modified: 04-19-2018 11:20 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.