Ketler v. PFPA, LLC

How courts have described this case

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

• holding “a general release by its nature releases a party from a potential liability otherwise imposed by law. The public policy involved must be one which disapproves of the release.”
• noting that under Delaware law, a disparity in bargaining power is not enough to show unconscionability; instead, there must be an absence of meaningful choice—which cannot be shown if the party could walk away from the contract.
• upholding “hold harmless” agreements and releases that relieve a proprietor from liability for its own negligent activities
• “[T]here must be an absence of meaningful choice and contract terms unreasonably favorable to one of the parties.”
• “There is no deprivation of meaningful 10 choice if a party can walk away from the contract.”
• “The public policy of this [S]tate is typically determined by the Delaware General Assembly.”

Source: CourtListener parenthetical corpus (CC0).