Asked by Sophia Colosimo on Jun 25, 2024

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A statement releasing one of the parties to an agreement from all liability,regardless of who is at fault or what the injury suffered is,would be referred to as a(n) ________.

A) substantive agreement
B) adhesion agreement
C) in pari delicto agreement
D) exculpatory clause
E) res ipsa loquitur

Exculpatory Clause

A statement in a contract that frees one party (usually the drafter of the agreement) from all liability arising out of performance of the contract, generally based on factors such as consumer ignorance or a great deal of unexplained fine print that serve to deprive the less powerful party of a meaningful choice.

  • Distinguish between different types of contracts and clauses including adhesion, exculpatory, and severable contracts.
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ZK
Zybrea KnightJul 01, 2024
Final Answer :
D
Explanation :
An exculpatory clause is a statement releasing one of the parties to an agreement from all liability,regardless of who is at fault or what the injury suffered is.Because tort law attempts to return the wronged party to the state he or she was in before the wrong occurred,anything preventing this corrective mechanism is against public policy.The patently unfair nature of an exculpatory clause is closely tied to the idea of unconscionable contracts.