35 Pages Posted: 12 Jan 2014
Date Written: January 10, 2014
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: 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