Section 27 Before Damage-Causing Event

• Library: Damages 2012

“Although exculpatory clauses in contracts releasing an individual from his or her own future negligence are disfavored, they are not prohibited as against public policy.” Alack v. Vic Tanny Int’l of Mo., Inc., 923 S.W.2d 330, 334 (Mo. banc 1996). These clauses are strictly construed against the party claiming the benefit of the contract.
Id. The exculpatory language must be “clear, unambiguous, unmistakable, and conspicuous.” Id. at 337. Asserting an exculpatory...