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

35 Pages Posted: 12 Jan 2014  

Scott J. Burnham

Gonzaga University School of Law

Date Written: January 10, 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.

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

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: https://ssrn.com/abstract=2377510

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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