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Full-Text Articles in Law

Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham Jan 2014

Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham

Chicago-Kent Law Review

This article explores the enforceability of the exculpatory clause—a contract term in which one party agrees to give up the right to bring a negligence claim against the other party. A spectrum of views on whether a contract containing such a clause is aberrant or not is presented and analyzed, followed by the author’s view of the rubric by which the enforceability of the clause should be measured. The article concludes by deconstructing one contract in which the clause was found.


Contract Law And The Hand Formula, Daniel P. O'Gorman Jan 2014

Contract Law And The Hand Formula, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.