When is a waiver of liability rendered void?

1 Answer

Answer :

Usually courts will respect waivers of liability under the theory of freedom of contract which assume each person has negotiated with similar capabilities. Waivers of liability are inadmissible when one party has greater sophistication than another, contracts of adhesion (where a party has no choice), contracts against public policy, and contract to exclude liability against unrelated third parties. For example, you and a business partner cannot waive liability from injury against your customers.

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