Adloo v. H.T. Brown Real Estate, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that exculpatory clauses will not be enforced “when a party to the contract attempts to avoid liability for intentional conduct of harm caused by reckless, wanton, or gross behavior”
• holding the clause must “clearly and specifically indicate[] the intent to release the defendant from liability for personal injury caused by defendant’s negligence[.]”
• “determining the intention of the parties to a contract involves construing the language of the contract, more particularly, the words of the subject clause”
• pre-injury release signed by participant as condition of participating in snowmobile grass drag race
• “It is well settled in this State, consistent with ‘the public policy of freedom of contract,’ exculpatory contractual clauses generally are valid”
• “Because it does not clearly, unequivocally, specifically, and unmistakably express the parties’ intention to exculpate the respondent from liability resulting from its own negligence, the clause is insufficient for that purpose.”

Source: CourtListener parenthetical corpus (CC0).