Which of the following is NOT true with regard to an exculpatory clause?
A) An exculpatory clause excuses one party from liability for her own tortious conduct.
B) Where one party has a superior bargaining position that has enabled him to impose an exculpatory clause upon the other, the courts are inclined to nullify the provision.
C) An exculpatory clause may be unenforceable for unconscionability.
D) Exculpatory clauses are almost always against public policy.

Question

Quizplus · Accepted Answer

Exculpatory clauses are not almost always against public policy. While they are scrutinized and sometimes found unenforceable due to issues like unconscionability or being against public interest, they are not inherently against public policy. Their enforceability can depend on the context, such as the nature of the service provided and the fairness of the agreement.

Which of the Following Is NOT True with Regard to an Exculpatory