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8 South Carolina opinions name it 2 courts 1984–2016 0 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
South Carolina Electric & Gas Co. v. Combustion Engineering, Inc.green2 sentences2016Elec. & Gas Co. v. Combustion Eng’g, Inc., 283 S.C. 182, 192 , 322 S.E.2d 453, 459 (Ct. App. 1984) (enforcing the language of an exculpatory clause in a contract for the sale of a boiler). 2016Elec. & Gas Co. v. Combustion Eng’g, Inc., 283 S.C. 182, 192 , 322 S.E.2d 453, 459 (Ct. App. 1984) (enforcing the language of an exculpatory clause in a contract for the sale of a boiler). | 3 | 6 |
Pride v. Southern Bell Telephone & Telegraph Co.green2 sentences1989See Pride v. Southern Bell Telephone & Telegraph Co. , 244 S.C. 615 , 138 S.E. (2d) 155 (1964) (an exculpatory clause will be strictly construed against the party relying thereon); South Carolina Electric & Gas Co. v. Combustion Engineering, Inc. , 283 S.C. 182 , 322 S.E. (2d) 453 (Ct. App. 1984) (the court will not construe an exculpatory clause to exempt a party from liability for its own negligence in the absence of explicit language clearly indicating that such was the parties' intention). 1989See Pride v. Southern Bell Telephone & Telegraph Co. , 244 S.C. 615 , 138 S.E. (2d) 155 (1964) (an exculpatory clause will be strictly construed against the party relying thereon); South Carolina Electric & Gas Co. v. Combustion Engineering, Inc. , 283 S.C. 182 , 322 S.E. (2d) 453 (Ct. App. 1984) (the court will not construe an exculpatory clause to exempt a party from liability for its own negligence in the absence of explicit language clearly indicating that such was the parties' intention). | 2 | 4 |
Tunkl v. Regents of University of Californiagreen2 sentences2013See, e.g., Tunkl v. Regents of Univ. of Cal., 60 Cal.2d 92 , 32 Cal.Rptr. 33 , 383 P.2d 441, 444-46 (1963) (stating an exculpatory clause that affects the public interest cannot stand). 2013See, e.g., Tunkl v. Regents of Univ. of Cal., 60 Cal.2d 92 , 32 Cal.Rptr. 33 , 383 P.2d 441, 444-46 (1963) (stating an exculpatory clause that affects the public interest cannot stand). | 1 | 1 |
Fisher Ex Rel. Estate of Fisher v. Stevensgreen2 sentences2005Id. at 297 , 584 S.E.2d at 153 (citing a Wisconsin Supreme Court case interpreting a exculpatory clause which likewise barred an injured party from any legal recourse for damages arising from his injuries). 2005Id. at 297 , 584 S.E.2d at 153 (citing a Wisconsin Supreme Court case interpreting a exculpatory clause which likewise barred an injured party from any legal recourse for damages arising from his injuries). | 1 | 1 |
Hill v. Carolina Freight Carriers Corp.green2 sentences2005An exculpatory clause will never be construed to exempt a party from liability for his own negligence “ ‘in the absence of explicit language clearly indicating that such was the intent of the parties.’” South Carolina Elec. & Gas Co. v. Combustion Eng’g, Inc., 283 S.C. 182, 191 , 322 S.E.2d 453, 458 (Ct.App.1984) (quoting Hill v. Carolina Freight Carriers Corp., 235 N.C. 705 , 71 S.E.2d 133, 137 (1952)). 2005An exculpatory clause will never be construed to exempt a party from liability for his own negligence “ ‘in the absence of explicit language clearly indicating that such was the intent of the parties.’” South Carolina Elec. & Gas Co. v. Combustion Eng’g, Inc., 283 S.C. 182, 191 , 322 S.E.2d 453, 458 (Ct.App.1984) (quoting Hill v. Carolina Freight Carriers Corp., 235 N.C. 705 , 71 S.E.2d 133, 137 (1952)). | 1 | 1 |
Huckaby v. Confederate Motor Speedway, Inc.green2 sentences1995Moreover, as noted by the trial judge, where a party seeks to assert an exculpatory clause and the language is unambiguous, courts should not “ ‘override the fundamental right of freedom of contract.’ ” South Carolina Electric & Gas Co. v. Combustion Eng’g, Inc., 283 S.C. 182, 191 , 322 S.E. (2d) 453, 459 (Ct. App. 1984) (citation omitted); see also Huckaby v. Confederate Motor Speedway, 276 S.C. 629, 630 , 281 S.E. (2d) 223, 224 (1981) (“Although exculpatory contracts are not favored by the courts, as they usually tend to induce a want of care, we have upheld them in some instances recognizin 1995Moreover, as noted by the trial judge, where a party seeks to assert an exculpatory clause and the language is unambiguous, courts should not “ ‘override the fundamental right of freedom of contract.’ ” South Carolina Electric & Gas Co. v. Combustion Eng’g, Inc., 283 S.C. 182, 191 , 322 S.E. (2d) 453, 459 (Ct. App. 1984) (citation omitted); see also Huckaby v. Confederate Motor Speedway, 276 S.C. 629, 630 , 281 S.E. (2d) 223, 224 (1981) (“Although exculpatory contracts are not favored by the courts, as they usually tend to induce a want of care, we have upheld them in some instances recognizin | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jordan v. Diamond Equipment & Supply Co.
green
2 sentences2013Not only did Roberts testify that he had altered the contract for a customer on another occasion, but Mrs. Gladden had sought out this particular inspector’s services, declining to employ a different home inspector who had been described to her as “harder but best.” See Jordan v. Diamond Equip. & Supply Co., 362 Ark. 142 , 207 S.W.3d 525 (Ark.2005) (finding an exculpatory clause enforceable in part because the plaintiff had sought out the services of the defendant). 2013Not only did Roberts testify that he had altered the contract for a customer on another occasion, but Mrs. Gladden had sought out this particular inspector’s services, declining to employ a different home inspector who had been described to her as “harder but best.” See Jordan v. Diamond Equip. & Supply Co., 362 Ark. 142 , 207 S.W.3d 525 (Ark.2005) (finding an exculpatory clause enforceable in part because the plaintiff had sought out the services of the defendant). | 1 | 2013–2013 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.