Which of the following is true with regard to an exculpatory clause?
A) An exculpatory clause excuses one party from liability for her own tortious conduct.
B) Where one party has a superior bargaining position that has enabled him to impose an exculpatory clause upon the other,the courts are inclined to nullify the provision.
C) An exculpatory clause may be unenforceable for unconscionability.
D) All of these are true.

Question

Quizplus · Accepted Answer

A) An exculpatory clause can excuse one party from liability for their own tortious conduct, such as releasing a company from liability if a customer is injured while using their product.
B) Courts may nullify an exculpatory clause if one party has a superior bargaining position that enabled them to impose the clause upon the other. This is because the weaker party may not have had the opportunity to negotiate or fully understand the consequences of signing the contract.
C) An exculpatory clause may also be unenforceable for unconscionability, which means that the clause is so one-sided or unfair that it shocks the conscience of the court.

Which of the Following Is True with Regard to an Exculpatory