Note: Read the second paragraph. You should say the answer about yourself. In Ma

Question

Note: Read the second paragraph. You should say the answer about yourself.

In Marcinczyk v. State of New Jersey Police Training Commission 5 A.3d 785 (Sup. Ct. N.J.) the plaintiff signed an exculpatory clause. Most of us have signed waivers and release of liabilities before without giving it much thought. If you have questions about what an exculpatory clause is review that case.

Describe a waiver or release that you have signed. Now that you better understand this area of the law, explain what the legal ramifications were of signing that release should something unanticipated have occured as it did toRaymond Marcinczyk.

Explanation / Answer

Exculpatory clause is a legal element of a contract which seeks to relieve one party of the liability arising out of the wrongdoings of the other party or any liability arising out of performance of the contract.

A practical instance, when I signed an exculpatory clause is when I went for examination for recruitment in the Army. The examination is spread across 5 days and involves individual or group level tasks that are designed to measure various aspects of candidates' personality for fitness as per job requirement in the Army. The tasks include some rigorous physical activities, which involve the risk of bodily injury. On the first day of the test, recruitment board requires the candidates to sign exculpatory clause that if any bodily injury happens during the course of the individual or groups task or during the stay in the Army premises during the entire duration of the examination, then the board is not liable for any claim resulting there from. I had signed the aforementioned exculpatory clause. The legal ramifications of that clause are that if any mishap occurs within the duration of stay at the recruitment campus, then I cannot seek any remedy/compensation from the board.

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