Waivers of liability or exculpatory clauses:
A) are against common law public policy
B) are not permitted by statute in most states
C) are allowed in many instances if clear to the party signing one
D) are allowed in a narrow range of instances when approved by the Restatement of Torts
E) none of the other choices

Question

Quizplus · Accepted Answer

Waivers of liability or exculpatory clauses are generally allowed in many instances if they are clear and unambiguous. However, they may be subject to scrutiny by courts to ensure that they do not violate public policy or other legal principles. Some states may have specific statutory provisions that limit or prohibit the use of such waivers. The Restatement of Torts provides guidance on the circumstances in which such clauses may be enforced, but its provisions are not binding law. Therefore, choice C is the best answer.

Waivers of Liability or Exculpatory Clauses