6 Alaska opinions name it 1 courts 1974–2001 0 in the last five years
The cases below were cited by Alaska 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 |
|---|---|---|
Scott v. Pacific West Mountain Resortgreen2 sentences2001See Scott v. Pacific West Mountain Resort, 119 Wash.2d 484 , 834 P.2d 6, 10 (1992) (noting that an exculpatory clause should not be upheld where "the negligent act falls greatly below the standard established by law for protection of others"). 30 . 2001See Scott v. Pacific West Mountain Resort, 119 Wash.2d 484 , 834 P.2d 6, 10 (1992) (noting that an exculpatory clause should not be upheld where "the negligent act falls greatly below the standard established by law for protection of others"). 30 . | 1 | 1 |
Ferrell v. Southern Nevada Off-Road Enthusiasts, Ltd.green2 sentences1991Ferrell v. Southern Nevada Off-Road Enthusiasts Ltd., 147 Cal. App.3d 309 , 195 Cal.Rptr. 90, 95 (1983), is representative. [T]o be effective, an agreement which purports to release, indemnify or exculpate the party who prepared it from liability for that party’s own negligence or tortious conduct must be clear, explicit and comprehensible in each of its essential details. 1991Ferrell v. Southern Nevada Off-Road Enthusiasts Ltd., 147 Cal. App.3d 309 , 195 Cal.Rptr. 90, 95 (1983), is representative. [T]o be effective, an agreement which purports to release, indemnify or exculpate the party who prepared it from liability for that party’s own negligence or tortious conduct must be clear, explicit and comprehensible in each of its essential details. | 1 | 1 |
Gross v. Sweetgreen2 sentences1991See, e.g., Gross v. Sweet, 49 N.Y.2d 102 , 424 N.Y.S.2d 365, 368 , 400 N.E.2d 306, 309 (1979) (“[IJt has been repeatedly emphasized that unless the intention of the parties is expressed in unmistakable language, an exculpatory clause will not be deemed to insulate a party from liability for his own negligent acts.”). 1991See, e.g., Gross v. Sweet, 49 N.Y.2d 102 , 424 N.Y.S.2d 365, 368 , 400 N.E.2d 306, 309 (1979) (“[IJt has been repeatedly emphasized that unless the intention of the parties is expressed in unmistakable language, an exculpatory clause will not be deemed to insulate a party from liability for his own negligent acts.”). | 1 | 1 |
Discount Fabric House of Racine, Inc. v. Wisconsin Telephone Co.green1 sentence1986Morgan, 466 So.2d at 117-18 (emphasis added); see also Discount Fabrics, 345 N.W.2d 417 . | 1 | 1 |
Morgan v. SOUTH CENT. BELL TELEPHONE CO.green1 sentence1986Morgan, 466 So.2d at 117-18 (emphasis added); see also Discount Fabrics, 345 N.W.2d 417 . | 1 | 1 |
Blount Brothers Construction Company v. The United Statesgreen1 sentence1974Thus, we accept the contention of plaintiff that the exculpatory clause did not affect plaintiff’s liability to its subcontractor insofar as claims under the prime eontraet were concerned. 348 F.2d at 474 (emphasis in original). *1140 We realize that this line of authority pertains to standardized government contracts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Northwest Airlines, Inc. v. Alaska Airlines, Inc.
green
1 sentence1989Contrary to the State’s characterization of Northwest Airlines, the case involved an indemnity agreement rather than an exculpatory clause. 351 F.2d at 255 . | 1 | 1989–1989 |
Vockner v. Erickson
green
1 sentence1986Most recently in Vochner v. Erickson, 712 P.2d 379 (Alaska 1986), we considered all of the circumstances surrounding the making of the contract and held that unconscionability may exist where those circumstances indicate a vast disparity of bargaining power coupled with terms unreasonably favorable to the *1266 stronger party. | 1 | 1986–1986 |
Air Transport Associates, Inc., a Corporation v. United States
green
1 sentence1984In rejecting the United States’ argument, the court noted that an attempted release from future liability is invalid “if the party seeking to be released is engaged in a public or quasi public service or enterprise.”' Id. at 472 . | 1 | 1984–1984 |
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.