Sentence examples for exculpatory clause from inspiring English sources

The possibilities are endless all less direct than an express exculpatory clause, but no less fatal.

It doubtless covers the baldly exculpatory clause and prohibitive fees that the majority acknowledges would preclude an arbitration agreement's enforcement.

As with the exculpatory clause, few, if any, tenants would be able to find housing on which the warranty had not been waived.

But the very existence of that control made it impossible for a lessor to negotiate for an increased rental in exchange for the elimination of an exculpatory clause.

Start with an uncontroversial proposition: We would refuse to enforce an exculpatory clause insulating a company from antitrust liability say, "Merchants may bring no Sherman Act claims"—even if that clause were contained in an arbitration agreement.

That statute declares "void as against public policy and wholly unenforceable" every exculpatory clause in any lease, business or residential, with the narrow and irrational exception in favor of particular lessors and lessees of business property which totally defeats its major purpose.

For a more detailed analysis of the validity of exculpatory clauses see Note, Country Club Apartments v. Scott: Exculpatory Clauses in Leases Declared Void, 32 Mercer L. Rev. 419 (1980).

The courts have also contributed to the erosion of the traditional law on exculpatory clauses.

Outside Illinois the general trend seems to be against the traditional view upholding exculpatory clauses.

2d 436, 155 N.E.2d 545, this court considered the validity, at common law, of exculpatory clauses in residential leases.

The relationship of landlord and tenant does not have the monopolistic characteristics that have characterized some other relations with respect to which exculpatory clauses have been held invalid.