An exculpatory clause is generally unenforceable when a.it is written clearly and in bold, large print. b.it involves public transportation. c.the affected activity is a recreational activity. d.it attempts to release a party from liability for ordinarily negligent behavior.

An exculpatory clause refers to an agreement included in a contract between two parties, that relieves one party from blame or liability after one party negligence. Exculpatory clauses is incorporated to protect one party from being sued for their wrongdoings.

However, the enforceability of exculpatory clause is determined by the court if they are only reasonable or conscionable. Hence, intentionally or recklessly caused harm or wrongdoings are not waived.

Furthermore, an exculpatory clause is not enforceable in public transportation, due to the potential risk or harm it imposed many populace to, beyond the control of the two parties reaching the initial agreement.

estryzy estryzy · Answer 2 · 2020-04-09T03:24:39+02:00

Answer:

B: It involves Public transportation

Explanation:

An exculpatory clause is considered one that attempts one party from liability in any case an injury occurs. In general, a clause is said to be unenforceable when it tries to exclude gross negligence or intentional tort, when it affects any event or activity that is in the interest of the public, when the bargaining power of the parties are heavily unequal, and except the clause is clear and visible to read.