Legal Articles

Exculpatory Clauses in Trust, Trust Litigation

An exculpatory clause is a provision which authorizes the trustee to engage in conduct that would otherwise be a breach of fiduciary duty. Before enacting the Uniform Trust Code, Missouri law was that “[a]n exculpatory clause is valid and not contrary to public policy…absent a showing that the settlor was improperly induced to insert it.”…

Contract Exculpatory Clauses for Future Negligence

What is the effect of all of those contractual waivers and releases you’re given at the last moment before you undertake an activity like skiing, sky-diving, or other dangerous acts? While public policy disfavors releases of future negligence, they are not prohibited. Milligan v. Chesterfield Village GP, LLC, 239 S.W.3d 613, 616 (Mo. Ct. App. 2007)….

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