Discuss exculpatory clauses, and designate when an exculpatory ...

[sam.t96]

Discuss exculpatory clauses, and designate when an exculpatory clause is unenforceable.

Question 2

What do many legal historians believe led to the development of modern international law?
 A) The rise of the European nation-state
 B) Chinese dynastic law
 C) Roman law
 D) Trade law in the Middle Ages

[Liddy]

Answer to Question 1

An exculpatory clause is one that attempts to release one of the parties from liability in the event of injury. A clause is generally unenforceable when it attempts to exclude an intentional tort or gross negligence, affects activity that is in the public interest, when the parties have greatly unequal bargaining power, and unless the clause is clearly written and readily visible.

Answer to Question 2

A