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exculpatory clause |
Also found in: Medical, Legal | 0.03 sec. |
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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. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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| In a lease, the exculpatory clause relieves the landlord of liability for personal injury to tenants or damage to tenants' property. In most states, if a contract of adhesion (meaning a "take-it-or-leave-it" contract drafted by the more powerful party) would serve as an exculpatory clause (meaning a contract term that would deny the weaker party any effective means of vindicating its legal rights), then the contract (or at least the term that renders it exculpatory) is unconscionable. 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. |
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