An exculpatory clause by which one party contractually relieves itself from liability for negligence in advance is unenforceable as a violation of public policy.

Question

Quizplus · Accepted Answer

An exculpatory clause can be enforceable if it is clear, unambiguous, and does not violate public policy, although courts may scrutinize them closely, especially in cases of gross negligence or where there is a significant imbalance of power.

An Exculpatory Clause by Which One Party Contractually Relieves Itself