Exculpatory Clauses Are Generally Unenforceable

question 26

Multiple Choice

Exculpatory clauses are generally unenforceable:

• A)if they seek to avoid charges of misrepresentation.
• B)if they seek to avoid charges of duress.
• C)if they seek to avoid charges of fraud and willful misconduct.
• D)if they seek to avoid charges of undue influence.

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Definitions:

Last-Clear-Chance Doctrine

A doctrine used by a plaintiff when the defendant establishes contributory negligence. If the plaintiff can establish that the defendant had the last opportunity to avoid the accident, the plaintiff may still recover, despite being contributorily negligent.

Contributory Negligence

A legal doctrine indicating that if a party has contributed to their own injury or damages through their negligence, they may not be compensated for those injuries or damages.

Final Clear Opportunity

A concept in tort law, particularly in negligence, which refers to the last chance a defendant might have had to avoid causing harm to the plaintiff.

Duty

A moral or legal obligation; a responsibility.