Question

Is the Exculpatory Clause Valid?

Sara flew a WW2 aircraft as part of an exhibition flight team. While flying another aircraft of her team flew right into her causing major injuries. She sued the other pilot and her team.
Before she joined the team, she signed an exculpatory clause that stated that Sara knew the flight team was dangerous and could result in injury or death and not to hold any team members liable in case of an incident.
Sara argued that the contract be unenforceable if she can prove the other pilot negligent.

Answer 1

The validity of the exculpatory clause that Sara signed depends on the jurisdiction, the wording of the clause, and whether the injury was due to gross negligence or willful misconduct. Courts also consider public policy factors in such determinations.

Step-by-step explanation:

The question revolves around the validity of an exculpatory clause in a scenario where a pilot, Sara, has been injured due to the negligence of another pilot during an exhibition flight. An exculpatory clause is a part of a legal contract that attempts to release one of the parties from liability or legal responsibility for harm or damages incurred. Whether or not such a clause is enforceable can depend on a variety of factors, including the nature of the activity, the specific wording of the clause, and the jurisdiction in which the incident occurred.

In some cases, courts have found exculpatory clauses to be unenforceable if they protect against extreme conduct such as gross negligence or willful misconduct. Since Sara is arguing that the pilot was negligent, the court would assess whether the negligence reaches a degree that makes the exculpatory clause unenforceable. Furthermore, public policy considerations often come into play when determining the validity of these clauses. In some jurisdictions, if the activity performed has a certain public interest (e.g., transportation), the courts might hold exculpatory clauses to higher scrutiny or deem them invalid.