Answer :

Exculpatory clauses are the clauses that are used by parties to prevent themselves from holding liable to the damages caused in any contract.

These clauses are mentioned in the contract by the party which makes the contract in order to prevent themselves from any amount of judicial or legal work in case of any damage. These clauses are mentioned in plane tickets as the company is not liable for any accident caused due to natural occurrence. However, the court ignore these exculpatory clauses in some cases. These cases are

  • in cases of attempts to exclude an intentional tort or gross negligence.
  • when the affected activity is in the public interest, such as medical care, public transportation, or some essential service.
  • when the parties have greatly unequal bargaining power.
  • in cases in which the clause is not clearly written and readily.

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