Business

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Exculpatory clauses as a group that purport to release parties from all liability are generally upheld by the courts.


I am right to think the answer to this is false? Because aren't they normally not enforceable.

  • Business -

    If you do a Google search with the words "Exculpatory clause upheld", you will find many references to cases where they WERE upheld. Just how "general" this is, I cannot say. It depends upon how well the clauses are written and how clearly the risks are identified and minimized. There is no excuse for gross negligence, unsafe design and malpractice.

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