149) Therefore, a director protected by an exculpatory clause
will be insulated from any harm that results from a decision, even if the director made a decision with less information than an "ordinarily prudent person would have exercised under similar circumstances.
leaves no room for an exculpatory clause
and allows suits for ordinary
227) The procedures required to enforce an exculpatory clause
ensure this result, for example, by placing the burden of establishing validity of the clause on the trustee as the party with superior knowledge and sophistication; the trustee must show that the settlor wanted to include the exculpatory clause
in order to shield the trustee from unnecessary and vexatious claims of negligence by the beneficiaries.
Effects of Exculpatory Clauses
on Consumers' Propensity to Sue, 15
He bases that recommendation on the reports that lightning caused the fire (and you cannot subrogate against God), the building is more than 50 years old (so there are likely statutes of repose issues) and the lease appears to have contractual provisions--such as exculpatory clauses
or waivers of subrogation--that will limit or preclude recovery.
The question becomes whether the arbitration clause stands to "significantly affect the result of a litigation" in the sense of operating as an exculpatory clause
If a trustee or trustee's firm assisted the settlor or testator in drafting the document and the exculpatory clause
, a court may rule that the trustee drafted the clause to protect himself, thus breaching his fiduciary duty.
96) The provision, which the court characterized as an exculpatory clause
, did not expressly mention "negligence," "fault" or "an equivalent.
District Court for the Southern District of New York, the court in a bankruptcy-law context held enforceable an exculpatory clause
that absolved a financial advisor from liability due to ordinary negligence.
In cases where a ban on class actions serves as a corporate exculpatory clause
, a number of courts have held that they are unenforceable because either they are unconscionable or they violate a state's public policy by undermining state consumer protection or civil rights statutes.
In a lease, the exculpatory clause
relieves the landlord of liability for personal injury to tenants or damage to tenants' property.
uncertainty pervades as to how the exculpatory clause