Document Type

Article

Publication Date

1-2005

Abstract

This article advises attorneys representing landlords in drafting exculpatory clauses in California where an exculpatory clause that does not include the word “negligence” protects a landlord only from liability for passive negligence, not for active negligence. Even a well-written exculpatory clause may not shield the landlord of liability in critical aspects.

Comments

Originally published in Continuing Education of the Bar, California, Real Property Law Reporter.

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