Tuesday, October 25, 2011

Wagenblast v. Odessa School District case brief

Wagenblast v. Odessa School District

-The courts have generally recognized that, subject to certain exceptions, parties may contract that one shall not be liable for his/her own negligence to another.
-Courts, for example, are usually reluctant to allow those charged with a public duty, which includes the obligation to use reasonable care, to rid themselves of that obligation by contract.
-The service performed is one of importance to the public, and that a certain standard of performance is therefore required.

[Test to be applied in determining whether exculpatory agreements violate public policy.]
1. The agreement contains an endeavor of a type generally thought suitable for public regulation.
2. The party seeking exculpation is engaged in performing a service of great importance tot he public, which is often a matter of practical necessity for some members of the public.
3. Such party holds itself out as willing to perform this service for any member of the public who seeks it, or at least for any member coming within certain established standards.
4. Because of the essential nature of the service, in the economic setting of the transaction, the party invoking exculpation possesses a decisive advantage of bargaining strength against any member of the public who seeks the services.
5. In exercising a superior bargaining power, the party confronts the public with a standardized adhesion contract of exculpation ,a nd makes no provision whereby a purchaser may pay additional reasonable fees and obtain protection against negligence.
6. The person or property of members of the public seeking such services must be placed under the control of the furnisher of the services, subject to the risk of carelessness on the part of the furnisher, its employees or agents.

The release is invalidated.

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1 comment:

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