Module 4 - Waivers and Exculpatory Clauses

Question 1

What is an exculpatory clause?

Answer 1

part of an exculpatory agreement that relieves a party from liability resulting from a negligent or wrongful act.

Question 2

can exculpatory clauses be a waiver or pre-injury release?

Answer 2

yes

Question 3

What is a waiver?

Answer 3

a contract in which one party gives up the right to sue another party; precedence to contract law over tort law

Question 4

Can a minor sign legally binding contracts?

Answer 4

no

Question 5

Do all jurisdictions uphold waivers signed by a parent?

Answer 5

No, but still important to have waivers to have something to fall back on or discourage a plaintiff from filing a lawsuit

Question 6

Content of Waivers – what three things must be included to be written properly

Answer 6

-Terms must be conspicuous
-language must be clear, unambiguous, and explicit
-language cannot exonerate for conduct beyond negligence

Question 7

what three things do waivers NOT protect from liability?

Answer 7

-gross negligence
-recklessness
-intentional torts

Question 8

is an agreement to participate a contract?

Answer 8

no