A contract between Eppie and Fab to lease real property contains an ex?cul?patory clause. This clause is
A) enforceable as a matter of public policy.
B) enforceable if either party is in a business important to the pub?lic.
C) enforceable if the lease involves residential property.
D) generally unenforceable.

Question

Quizplus · Accepted Answer

Exculpatory clauses are generally unenforceable by the courts as they attempt to waive or limit a party's liability for their own negligence or intentional wrongdoing. Such clauses are deemed against public policy, and will only be enforced in limited circumstances, such as when they do not involve essential public services or affect residential leases. However, as the question does not mention any such exceptions, the best answer choice is D, indicating that the exculpatory clause in the lease between Eppie and Fab is generally unenforceable.

A Contract Between Eppie and Fab to Lease Real Property