exculpatory clause


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exculpatory clause

noun absolution from liability, clear from a charge, clear from alleged guilt, clear from immutation of fault, condition to clear of liability, contract to clear of liability, covenant to clear of liability, declaration to clear of liability, exception to liability, excuse against the imposition of liability, exemption from liability, exemption from liability, means to absolve of liability, means to clear of liability, out clause, provision to absolve of liability, proviso to absolve of liability, vindication from liability
Associated concepts: contracts, trusts and estates, wills
References in periodicals archive ?
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 will be