Chapter 17

Chapter 17 - Chapter 17: Use of Waivers and Exculpatory...

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Chapter 17: Use of Waivers and Exculpatory Clauses - Issues related to waivers a exculpatory clauses *p516 17.1 Brochures, Videos and Promotional Materials o When developing these you should have your attorney at hand for the legal impact of certain words or phrases that you wish to use and can be held accountable for Exculpatory Agreements -Exculpatory agreement: is a contract in which a person or entity that is legally at fault tries to excuse itself from fault -Exculpatory clause: is a contractual provision relieving a party from any liability resulting from a negligent or wrongful act -Waiver: a contract where one party gives up the right to sue the other party -Under tort law, defendants are held accountable for tortious acts that injure others. Plaintiffs have the right to seek damages against defendants who have injured them in situations in which the courts give a remedy -Contract law gives adults the right to engage in various undertakings, including giving up rights. With the waiver alters the outcome that wound transpire under the usual tort law principal o Context Minority *p 519 If a minor signs a contract, the minor might later disavow that contract Minors are under a legal disability Parents cannot give their children’s rights to sue
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Chapter 17 - Chapter 17: Use of Waivers and Exculpatory...

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