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Tag Archives: liability waivers

More About Waivers of Liability

By Robert Ross |

WRITTEN LIABILITY WAIVERS CREATE “EXPRESS ASSUMPTION OF THE RISK” In many situations, the law allows people to create contracts whereby one person limits or releases another person from liability for physical injuries and damage to property. These private contracts, often called “Waivers” or “Liability Waivers,” are a form of “assumption of the risk.” The law refers… Read More »

When Are Liability Waivers Effective?

By Robert Ross |

LEGAL REQUIREMENTS FOR AN ENFORCEABLE LIABILITY WAIVER OR RELEASE Contractual releases of liability are contracts (as the name explains), and are therefore subject to the same legal defenses and enforceability issues as other contracts. Specifically, an enforceable waiver requires some “consideration” (a legal term for “value received”) and cannot be entered into through fraud or duress.

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