What Attorneys Should Know about the Fair Debt Collection Practices Act, or, the 2 Do\u27s and the 200 Don\u27ts of Debt Collection

What Attorneys Should Know About the Fair Debt Collection Practices Act, or, The 2 Do\u27s and the 200 Don\u27ts of Debt Collectio

Agricultural Liens under Revised Article 9

Agricultural Liens Under Revised Article

Remedies Available to the Purchaser of a Defective Used Car

Remedies Available to the Purchaser of a Defective Used Ca

The War against Arbitration in Montana

The War Against Arbitration in Montan

Remedies Available to the Purchaser of a Defective Used Car

Remedies Available to the Purchaser of a Defective Used Ca

Agricultural Liens under Revised Article 9

Agricultural Liens Under Revised Article

Let\u27s Repeal the Field Code!

Let\u27s Repeal the Field Code

The War against Arbitration in Montana

The War Against Arbitration in Montan

Are You Free to Contract Away Your Right to Bring a Negligence Claim?

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