Exculpatory clause
The examples and perspective in this article may not represent a worldwide view of the subject. (January 2024) |
Contract law |
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Formation |
Defences |
Interpretation |
Dispute resolution |
Rights of third parties |
Breach of contract |
Remedies |
Quasi-contractual obligations |
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Duties of parties |
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Related areas of law |
By jurisdiction |
Other law areas |
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Notes |
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Within a
adhesion.[3]
Example uses
- In hospitality law, exculpatory clauses are sometimes used in waivers to absolve hotels of liability regarding unstaffed swimming pools open for visitor use, aided by signs displaying language such as "swim at your own risk".[4]
- In nonrecourse loans to minimize personal liability for the borrower.[5]
- Exculpatory clauses are also applied more generally in construction law to immunize a person from the consequences of his/her negligence, though this application is subject to stringent standards.[6]
- personal injury lawsuit against the resort.[7]
- In skydiving and performing an air show are typically uninsurable due to carrying such a high level of risk; this necessitates the usage of exculpatory clauses as risk management tools, so that individuals and businesses can defend against lawsuits in the event of injury or death.[8]
- In experimental procedures.[9]
Additional resources
- Chart of exculpatory clause laws for all 50 U.S. states (begins on page 8; updated January 13, 2022)
References
- ^ "exculpatory clause". law.cornell.edu. Legal Information Institute at Cornell Law School. July 2021. Retrieved November 28, 2023.
- ISBN 9780735561038.
- ISBN 9781543807820.
- ISBN 9780471464259.
- ISBN 9780793143610.
- ISBN 9780831808037.
- ^ de Yoanna, Michael (March 20, 2019). "The Thousands Of Colorado Ski Injuries That Resorts Don't Tell You About". kunc.org. KUNC. Retrieved November 29, 2023.
- ISBN 9781317133711.
- ^ ISBN 9780763731823.
- Los Angeles Daily Journal. Los Angeles. Retrieved December 1, 2023.