Warning
Info
Warning
Info
Simple English definitions for legal terms
exculpatory clause
Read a random definition: capital case
A quick definition of exculpatory clause:
An exculpatory clause is a part of a contract that says one party cannot be blamed if something goes wrong. This is often used in things like amusement park tickets or plane tickets. Sometimes, courts don't like exculpatory clauses because they let one party avoid responsibility. If the clause is hidden or covers too much, the court can say it's not allowed.
A more thorough explanation:
An exculpatory clause is a part of a contract that protects one party from being held responsible for any damages or losses that may occur during the course of the contract. This clause is often used in agreements related to high-risk activities such as skydiving, bungee jumping, or amusement park rides. For example, when you buy a ticket to an amusement park, you may see a sign that says, "By purchasing this ticket, you agree to release the park from any liability for injuries or damages that may occur."
However, exculpatory clauses are often viewed unfavorably by courts because they can allow one party to avoid responsibility for their actions. In some cases, courts may strike down exculpatory clauses if they are too broad or violate public policy.
For instance, if an exculpatory clause in a contract for a skydiving company states that the company is not responsible for any injuries or deaths that occur during a jump, this may be considered too broad and against public policy. This is because the company has a duty to ensure the safety of its customers and cannot simply absolve itself of all responsibility.