Exculpatory Clause

222 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re E.F. Hutton Sw. Props. II, Ltd. v. Union Planters Nat'l Bank
  953 F.2d 963· 5th Cir.· 1992-02-19
  The court held that the indenture trustee was not liable for failing to invest funds because the trust agreement contained a valid exculpatory clause allowing reliance on advice of counsel, and the trustee's duty to invest was at best dubious.
• Arcwel Marine, Inc. v. Sw. Marine, Inc.
  816 F.2d 468· 9th Cir.· 1987-05-01
  An exculpatory clause in a contract for the use of a dry dock, even if part of a larger government procurement, is enforceable under both California and maritime law when entered into between commercial entities of equal bargaining power.
• Conch Cove Inc. v. The Hartford Accident & Indem. Co.
  473 So. 2d 768· Fla. 4th DCA· 1985-07-24
  Hartford Accident and Indemnity Company brought a subrogation action against Conch Cove, Inc., a marina operator, to recover damages for fire losses to boats insured by sixteen of Hartford's insureds. The court affirmed the judgment for Hartford, holding that exculpatory and inde
• Cont'l Video Corp. v. Honeywell, Inc.
  456 So. 2d 892· Fla.· 1984-09-27
• Gerda Meyer v. Caribbean Interiors, Inc.
  435 So. 2d 936· Fla. 3d DCA· 1983-08-02
  Meyer, a warehouse lessor, appeals a jury verdict favoring her lessee Caribbean Interiors in a breach of lease action arising from water damage to the lessee's stored furniture. The court reverses, holding that exculpatory clauses in the lease are enforceable and bar the lessee's
• Canarctic Shipping Co. v. The Great Lakes Towing Co.
  670 F.2d 61· 6th Cir.· 1982-01-28
  A tariff provision limiting demurrage fees is valid if customers have a fair opportunity to choose coverage levels, and does not violate the principle that towing companies cannot exempt themselves from all liability for negligence.
• Hartman Servs., Inc. v. Se. First Nat'l Bank of Miami
  399 So. 2d 404· Fla. 3d DCA· 1981-06-02
  Hartman Services appeals a summary judgment awarding damages and attorney's fees to Southeast First National Bank after a temporary secretary embezzled checks. The appellate court affirmed the damages award but reversed the attorney's fees award, finding no contractual or statuto
• Caribe Tugboat Corp. v. J. D. Barter Constr. Co.
  509 F. Supp. 312· M.D. Fla.· 1981-01-29
  The court held that the exculpatory clauses in the private contract of affreightment are enforceable because the parties, including experienced contractors represented by counsel, freely negotiated the terms, including the risk allocation and insurance provisions, and the contrac
• Matthews v. Fed. Compress & Warehouse Co.
  632 F.2d 1199· 5th Cir.· 1980-12-15
  The court held that the district court erred in granting a directed verdict for the lessor based on the indemnity clause, as the clause's application to claims between the parties was not established by Mississippi law.
• Noonan Constr. Co., Inc. v. Warren Bros. Co.
  632 F.2d 1189· 5th Cir.· 1980-12-15
  The court held that the trial court did not err in directing a verdict for the defendant on the negligence claim, nor in its jury instructions or evidentiary rulings concerning the breach of contract claim, as the contract's exculpatory clause and Mississippi's force majeure stat
• Monsanto Co. v. Tenn. Valley Auth.
  616 F.2d 887· 5th Cir.· 1980-05-09
  The court held that the contract's exculpatory clause was ambiguous regarding whether it relieved TVA of liability for negligent interruption of power.
• Robstone Co. v. S. Crane Rentals, Inc.
  366 So. 2d 1274· Fla. 4th DCA· 1979-02-07
  Robstone Company appeals a summary judgment entered against its counterclaim for negligence arising from a crane collapse. The Fourth District Court of Appeal reversed, holding that exculpatory clauses in a commercial equipment lease cannot shield a lessor from liability for its
• Grove Key Marina, Inc. v. Horne
  45 Fla. Supp. 203· Fla. Cir. Ct.· 1977-04-21
  Grove Key Marina appeals a judgment awarding damages to boat owner Clifford Horne for theft of equipment from his boat stored at the marina. The court holds that the marina's exculpatory clause in the storage contract is enforceable and shields the marina from liability for losse
• Harry v. Rubin
  292 So. 2d 60· Fla. 4th DCA· 1974-03-29
• Cincinnati GAS & Elec. Co. v. Westinghouse Elec. Corp.
  465 F.2d 1064· 6th Cir.· 1972-08-29
  A contract clause that limits liability for causes other than warranty failure does not exonerate a party from liability for its own breach of warranty, even if another party's negligence also contributed to the loss.
• Woodworth v. Tacoma Yacht Club
  377 F.2d 486· 9th Cir.· 1967-05-09
  The court held that exculpatory clauses in a yacht club membership agreement did not shield the club from liability for damage to a member's property when that property was moved to an area not covered by the agreement.
• Ephraim v. Safeway Trails, Inc.
  341 F.2d 815· 2d Cir.· 1965-02-23
  The dissenting judge would affirm the judgment, finding the limitation clause on the ticket ineffective because the passenger did not know or should not have known she would be traveling beyond the initial carrier's lines.