Edward Cheng, Ehud Guttel and Yuval Procaccia, ‘Unenforceable Waivers’, 76 Vanderbilt Law Review (forthcoming, 2023), available at SSRN. In their forthcoming article, ‘Unenforceable Waivers’, Edward Cheng, Ehud Guttel, and Yuval Procaccia (‘CGP’) ask an embarrassing question: Why do businesses require customers to sign waivers that have been struck down by courts in published opinions that are available not only to their lawyers but also to their customers? In this Jot, I praise CGP for their sharp eye – this is torts scholarship at its best – and then evaluate their suggestions for reform. First, the question: Killington Ski Resort is the defendant in a well-known Vermont Supreme Court case that adopted a pro-plaintiff interpretation of the public policy limitation on express assumption of risk … (more)
[Anthony Sebok, JOTWELL, 8 February 2023]
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