exculpatory clause

What Is Exculpatory Language?

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What Is Exculpatory Language? Exculpatory language in a consent form is language which “has the general effect of freeing or appearing to free an individual or an entity from malpractice, negligence, blame, fault, or guilt” according to the draft guidance released by OHRP (Office for Human Research Protections) and the FDA (Food and Drug …

Are Exculpatory Clauses Enforceable?

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Are Exculpatory Clauses Enforceable? While exculpatory clauses are typically upheld, they can be challenged and overturned in court. The court can determine that the clause is unreasonable if both parties in the contract do not have equal bargaining power or if the clause eliminates liability for negligence. What is an exculpatory clause and when will