Question: An exculpatory clause will generally be held valid if the agreement involves a business generally thought suitable for public regulation. the party seeking exculpation is
An exculpatory clause will generally be held valid if
the agreement involves a business generally thought suitable for public regulation.
the party seeking exculpation is performing a business of great importance to the public.
the party purports to be performing the service to just anybody who comes along.
the parties are dealing at arms' length, able to bargain about the contract.
the property of the purchaser is placed under control of the seller, independent of his negligence.
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