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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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at Arizona.
- Spring '08