Abstract

http://ssrn.com/abstract=2377510
 


 



Are You Free to Contract Away Your Right to Bring a Negligence Claim?


Scott J. Burnham


Gonzaga University School of Law

January 10, 2014

Chicago-Kent Law Review, Vol. 89, p. 379, 2014

Abstract:     
This article explores the enforceability of the exculpatory clause -- a contract term in which one party agrees to give up the right to bring a negligence claim against the other party. A spectrum of views on whether a contract containing such a clause is aberrant or not is presented and analyzed, followed by the author’s view of the rubric by which the enforceability of the clause should be measured. The article concludes by deconstructing one contract in which the clause was found.

Number of Pages in PDF File: 35

Keywords: contracts, exculpatory clause, skydiving, negligence, waiver

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Date posted: January 12, 2014  

Suggested Citation

Burnham, Scott J., Are You Free to Contract Away Your Right to Bring a Negligence Claim? (January 10, 2014). Chicago-Kent Law Review, Vol. 89, p. 379, 2014. Available at SSRN: http://ssrn.com/abstract=2377510

Contact Information

Scott J. Burnham (Contact Author)
Gonzaga University School of Law ( email )
721 N. Cincinnati Street
Spokane, WA 99220-3528
United States
509-313-3745 (Phone)
509-313-5840 (Fax)
HOME PAGE: http://www.law.gonzaga.edu/

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