O'Callaghan

O'Callaghan - the monopolistic characteristics that have...

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Sup Ct of Ill (1958) J. Schaefer P 370 FACTS: Action by Mrs. O’Callaghan for injuries sustained while crossing a paved courtyard maintained by D. During course of trial P died and her administrator was substituted as the P. Trial Ct ruled for P, and D appealed. Ct of App held that the action was barred by exculpatory clause in the lease and overruled the trial ct directing a verdict for the D. P argues that the exculpatory clause in the lease is contrary to public policy. HELD: Affirmed. The relationship of landlord and tenant does not have
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Unformatted text preview: the monopolistic characteristics that have led to exculpatory clauses being ruled as invalid. RULE: Contracts by which one seeks to relieve himself from the consequences of his own negligence are generally enforced unless (1) it would be against the settled public policy of the State to do so, or (2) there is something in the social relationship of the parties militating against upholding the agreement. DISSENT: The housing shortage made the exculpatory clause a matter of public policy and not a private matter and should be voided....
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