Simple Overview of Exculpatory Clause

Contracts that are adjudicated to be contrary to public policy may result in portions of the contract being declared unenforceable.

Exculpatory Clause

An exculpatory clause is a provision of a contract that releases one party of the contract from all liability no matter who is at fault. Exculpatory clauses are normally permitted to remain in effect if the contracted party is engaged in an enterprise that is not considered essential to the public good, such as the operation of a recreational facility. However, with a clause that releases a company from liability which functions in a business that is considered essential to the public good, the courts w

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