Asked by Anissa Hoyte on May 03, 2024
Verified
Rodney parks his car at Car Stack Parking Lot,Inc.On the back of the parking stub provided to Rodney,there is a statement typed in large letters: "NOT RESPONSIBLE FOR DAMAGE TO CARS." When Rodney returns,his car has been dented by the Car Stack attendant who was attempting to park more cars on the lot.According to law,the statement on the stub is an exculpatory agreement that is:
A) enforceable against Rodney regardless of circumstances.
B) enforceable against Rodney only if he had the opportunity to park elsewhere.
C) not enforceable against Rodney because he instructed the attendant to be careful around his car.
D) not enforceable against Rodney because it is contrary to public policy.
Exculpatory Agreement
A contract that frees one party from liability for wrongful acts or negligence.
Public Policy
Guiding principles and laws adopted by governments aimed at influencing or determining social, economic, and political decisions for the welfare of the public.
- Understand the role of public policy in determining the enforceability of certain contractual clauses.
Verified Answer
AW
Allie WinkleMay 04, 2024
Final Answer :
D
Explanation :
Exculpatory agreements that attempt to release the operator of a business from liability for future negligence are generally contrary to public policy and therefore unenforceable. The statement on the parking stub attempts to do just that and is therefore not enforceable against Rodney.
Learning Objectives
- Understand the role of public policy in determining the enforceability of certain contractual clauses.