A statement releasing one of the parties to an agreement from all liability,regardless of who is at fault or what the injury suffered is,would be referred to as a(n)________.
A)substantive agreement
B)adhesion agreement
C)in pari delicto agreement
D)exculpatory clause
E)res ipsa loquitur

Question

Quizplus · Accepted Answer

An exculpatory clause is a statement releasing one of the parties to an agreement from all liability,regardless of who is at fault or what the injury suffered is.Because tort law attempts to return the wronged party to the state he or she was in before the wrong occurred,anything preventing this corrective mechanism is against public policy.The patently unfair nature of an exculpatory clause is closely tied to the idea of unconscionable contracts.

A Statement Releasing One of the Parties to an Agreement