Liability Contract Clause
Not what you're looking for?
Joe Bob promised his wife he would aerate the lawn this weekend. So, Joe Bob hoes to Eddie's Rentals and signs an equipment lease for the day for a grass dethatcher, sometimes called a verti-cutter. The contract contains this clause: "Lessor disclaims all liability arising from injuries caused by use of this equipment." Joe Bob, with other impatient husbands standing in line behind him, initials the rental contract and hands over his credit card. A yard man helps him load the machine into his Suburban.
So, off goes Joe Bob. He unloads the dethatcher and gets ready to rumble. On his third yank, the starter pull cord snaps, putting out Joe Bob's eye and lacerating his lip. Joe Bob sues Eddie's for his injuries and for punitive damages, too.
Can the disclaimer in Eddie's rental contract be enforced? Why or why not?
Did Joe Bob agree to this disclaimer by signing the rental contract at the counter?
What about Joe Bob's claim for damages: can he get compensatory damages? Can he get punitive damages?
Purchase this Solution
Solution Summary
Liability Contract Clause is explicated briefly.
Solution Preview
The disclaimer CANNOT be enforced! Although most warranties, such as merchantability and fitness for purpose can be discliamed by an express and detailed discliamer, liability for personal ...
Purchase this Solution
Free BrainMass Quizzes
Evidence
Do you know your evidence objections? Find out with this quiz!
Contract Requirments
How much do you know about the legal requirements for a contract? Find out with this quiz!
Title VII
This Quiz pertains to the spectrum of Human Rights through Title VII
Criminal Defenses Review
Test your knowledge of the basics of criminal law and defenses with this quiz.
Constitutional Law Rights
How much do you know about Constitutional Law Rights? Find out with this quiz!