USA

195 Term Exempting From Liability for Harm Caused Intentionally, Recklessly or Negligently

1. A term exempting a party from tort liability for harm caused intentionally or recklessly is unenforceable on grounds of public policy.

2. A term exempting a party from tort liability for harm caused negligently is unenforceable on grounds of public policy if

• the term exempts an employer from liability to an employee for injury in the course of his employment;
• the term exempts one charged with a duty of public service from liability to one to whom that duty is owed for compensation for breach of that duty, or
• the other party is similarly a member of a class protected against the class to which the first party belongs.

3. A term exempting a seller of a product from his special tort liability for physical harm to a user or consumer is unenforceable on grounds of public policy unless the term is fairly bargained for and is consistent with the policy underlying that liability.

196 Term Exempting From Consequences of Misrepresentation

A term unreasonably exempting a party from the legal consequences of a misrepresentation is unenforceable on grounds of public policy.

211 Standardized Agreements see also Agreed Obligations

1. Except as stated in Subsection (3), where a party to an agreement signs or otherwise manifests assent to a writing and has reason to believe that like writings are regularly used to embody terms of agreements of the same type, he adopts the writing as an integrated agreement with respect to the terms included in the writing.

2. Such a writing is interpreted wherever reasonable as treating alike all those similarly situated, without regard to their knowledge or understanding of the standard terms of the writing.

3. Where the other party has reason to believe that the party manifesting such assent would not do so if he knew that the writing contained a particular term, the term is not part of the agreement.

356 Liquidated Damages and Penalties see also Remedies

1. Damages for breach by either party may be liquidated in the agreement but only at an amount that is reasonable in the light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss. A term fixing unreasonably large liquidated damages is unenforceable on grounds of public policy as a penalty.

2. A term in a bond providing for an amount of money as a penalty for non-occurrence of the condition of the bond is unenforceable on grounds of public policy to the extent that the amount exceeds the loss caused by such non-occurrence.