Article Archives >> Lead Stories >> April 1-15, 2005

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Exculpatory clause ruled invalid
where it may cover willful misconduct

Court questions validity of provision not translated
for Taiwanese woman signing printed form

Excerpt
When Wan Chen Wu’s mother sent her daughter from Taiwan to study in the United States, she signed a standard school enrollment form that was not translated from English to her native language. She agreed to “hold the school harmless from all damages arising from personal injury or property loss.”

When her daughter was severely injured during an instructional golf class, the mother sued for damages for herself and her daughter. The school sought summary judgment to dismiss the case, arguing that the claim was barred by the exculpatory clause of the form.

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Article Archives >> Lead Stories >> April 1-15, 2005




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