Exculpatory Clauses

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What Is an Exculpatory Clause?

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.

What Are Some Examples of Exculpatory Clauses?

Many of us encounter exculpatory clauses everyday without ever knowing it. Some examples of exculpatory clauses include:

Are Exculpatory Clauses Enforceable?

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:

Should I Consult an Attorney about an Exculpatory Clause?

A contract 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.

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Last Modified: 08-27-2014 03:19 PM PDT

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