November 6th, 2022
Exculpatory clauses are provisions in contracts which appear to relieve one or more parties from tort liability. These clauses are also commonly referred to as “waivers or releases of liability”. Before you start, it may be helpful to review the case of Walters v. YMCA on page 468. This case involved an exculpatory clause. For this discussion, please address the following questions: 1. Do you think that exculpatory clauses should be routinely enforced regardless of the situation as long as both parties agreed to the contract? Why or why not? 2. What limitations should be placed on the enforcement of exculpatory clauses, if any? Please reference the case of Clark’s Sales and Service, Inc. v. Smith to support your answer.