in North Carolina and the Potential Effects of Limiting Individual Liability
directors can be indemnified or benefit from exculpatory clauses
A Proposal for Enforcing Trust Forfeiture Clauses: Using Exculpatory Clause
Law as a Model
The critical feature of Concepcion consists of the lower courts' odd framing of the unconscionability problem: not in terms of equivalence to an exculpatory clause
but, instead, by reference to optimal deterrence, predicated on the existence of a fundamental difference between class actions under Rule 23 and other procedural rules that may influence claiming.
Under Purcell, for sophisticated parties (loosely equated with "commercial entities"), less precise language will effectuate an exculpatory clause
The [Unsecured Creditors] Committee challenges the Exculpatory Clause
as void, arguing based on a series of bankruptcy decisions that the obligations it creates are inconsistent with the "special relationship" between [a debtor in reorganization] and [a financial advisor].
When challenging a ban either on an unconscionability theory or based on a state's public policy against adhesive exculpatory clauses
, it is best to have a strong factual record.
nonobligation by reason of the exculpatory clause
is equivalent to the
An example of an exculpatory clause
is a "no damages for delay" clause.
Although exculpatory clauses
may help certain trustees avoid liability for a breach of trust, it's unlikely that an exculpatory clause
will avoid the removal of a negligent trustee.
You may try to insert an exculpatory clause
in your contract which basically states that your customer leaves his property at his own risk, that you are not responsible for loss or damage to the property in certain situations and that the amount for which you may be held liable is limited to a specific amount.
The term waiver is synonymous with release, disclaimer, exculpatory clause
or exemption clause.