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Exculpatory clause

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Definition Edit

An exculpatory clause is a contractual provision that shields a party from tort liability. An exculpatory clause will not be enforced "when the party protected by the clause intentionally causes harm or engages in acts of reckless, wanton, or gross negligence."[1]

References Edit

  1. Seigneur v. National Fitness Inst., Inc., 132 Md. App. 271, 752 A.2d 631, 633 (Ct. Spec. App. 2000) (full-text). See also Rest. (Second) of Contracts 195(1) & cmt. a ("A term exempting a party from tort liability for harm caused intentionally or recklessly is unenforceable on grounds of public policy. . . . One cannot exempt himself from such liability for harm that is caused either intentionally or recklessly").

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