Valhal Corp. v. Sullivan Associates, Inc., Architects, Planners, Engineers

How courts have described this case

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

• applying the same test under Pennsylvania law, though different than Eastern Airlines, for the enforceability of exculpatory clauses and indemnity provisions
• stating in dicta that the same test is used to determine the enforceability of both indemnification clauses and exculpatory clauses
• setting forth case law to illustrate how limitation of liability clauses have been routinely enforced under the Uniform Commercial Code and routinely upheld in sales contracts of -varying types, as well as in contracts that are not governed by the Uniform Commercial Code
• parties \did not agree that it would limit the liability of the architect regarding 'any third parties for any and all claims' \
• under Pennsylvania law, party’s charge with duty to the public would “elevate its private contracts to matters of public concern” and therefore violate public policy
• \[Aln exculpatory or indemnity clause will ... not be enforced unless it is clear that the beneficiary of the clause is being relieved of liability only for his/her own acts of negli-genee.\

Source: CourtListener parenthetical corpus (CC0).