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exculpatory clause

   Also found in: Medical, Legal 0.01 sec.
exculpatory clause

(1) A clause in a mortgage that allows the borrower to surrender the property to a lender without any further personal liability for a deficiency.(2) A clause in a trust instrument or in a will excusing the trustee or executor from liability when powers are exercised in error but in good faith.



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Justice Harry Lee Anstead wrote in the majority opinion "Florida''s children and parents need not worry, after today''s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission.
As it stands currently, however, there is no such statutory provision permitting an exculpatory clause for officers to be included in a corporation's certificate of incorporation.
The cost of working with an institutional fiduciary is often a broad exculpatory clause (36) or authorization for the trustee to use the trust's corpus to defend itself in litigation.
 
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