Which of the following exculpatory clauses will most likely be enforceable?
A)An exculpatory clause that relieves a riding stable of negligence.
B)An exculpatory clause that relieves a riding stable of gross negligence.
C)An exculpatory clause that relieves a riding stable from intentional torts.
D)A riding stable's exculpatory clause that is hidden in an eight-page document that all riders are required to sign.

Question

Quizplus · Accepted Answer

Exculpatory clauses that relieve a party from negligence are generally enforceable as long as they are clear and conspicuous and do not violate public policy.

Answer: B
 Exculpatory clauses that relieve a party of gross negligence may be held enforceable in some jurisdictions, but are generally looked upon with more scrutiny and may be found to violate public policy.

Answer: C
 Exculpatory clauses that relieve a party of intentional torts are generally unenforceable because it would be against public policy to allow a party to escape liability for intentionally harmful actions.

Answer: D
 An exculpatory clause that is hidden or buried within a lengthy document may not be enforceable because it may not be seen or understood by the party agreeing to it. The clause must be clear and conspicuous for it to be enforceable.

Which of the Following Exculpatory Clauses Will Most Likely Be