Orkin Exterminating Co., Inc. v. Montagano

How courts have described this case

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

• holding that because “we do not look with favor on exculpatory clauses, we must require the draftsmen of all contracts which contain them to use clear and unequivocal language totally without a hint of deceptive come-on, or inconsistent clauses”
• the principles that exculpatory clauses relieving a party of his own negligence are not favored and are unenforceable unless they are clear and unequivocal
• the principles that exculpatory clauses relieving a party of his own negligence are not favored and are unenforceable unless they are clear and unequivocal
• “[W]hen we consider that we do not look with favor on exculpatory clauses, we must .require the draftsmen .of all contracts which contain them to use clear and .unequivocal language totally without a hint of deceptive come-on, or inconsistent, clauses.”

Source: CourtListener parenthetical corpus (CC0).