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 the above are true.

Question

Quizplus · Accepted Answer

A) An exculpatory clause can excuse one party from liability for her own tortious conduct depending on the specific language used in the clause.
B) Courts are often wary of exculpatory clauses that are a result of unequal bargaining power between the parties, and may nullify them if they are deemed unfair or oppressive.
C) Exculpatory clauses may also be found unenforceable if they are unconscionable, meaning they are so one-sided and oppressive that they shock the conscience.

Therefore, all of the above options are true.

Which of the Following Is True with Regard to an Exculpatory