Contract law |
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Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages.[1] An exculpatory clause is generally only enforceable if it does not conflict with existing public policy.[2] The two other prerequisites for an exculpatory clause to be valid are that the contract must pertain to the involved parties' private affairs, and each of the involved parties must be free bargaining agents to the contract in question such that there is no adhesion.[3]
For information regarding the exculpatory clause applied towards spectators at baseball games, see Baseball Rule. |