Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Under certain circumstances exculpatory contracts may act as a total bar to a plaintiff's negligence claim. (Harris v. Walker (1988), 119 Ill. 2d 542, 548, 519 N.E.2d 917.) This is because public policy strongly favors the freedom to contract. Harris, 119 Ill. 2d at 548 (quoting McClure Engineering Associates, Inc. v. Reuben H. Donnelley Corp. (1983), 95 Ill. 2d 68, 72, 447 N.E.2d 400); see W. Keeton, D. Dobbs, R. Keeton & D. Owen, Prosser & Keeton on Torts § 68, at 482 (5th ed. 1984).

To be efficacious in a court of law, however, a release must be based upon consideration. (Toffenetti v. Mellor (1926), 323 Ill. 143, 148, 153 N.E. 744; U.S. Fidelity & Guaranty Co. v. Klein Corp. (1st Dist., 6th Div. 1989), 190 Ill. App. 3d 250, 257, 546 N.E.2d 681; American National Bank of Champaign v. Warner (4th Dist. 1984), 127 Ill. App. 3d 203, 208, 468 N.E.2d 184. But see Aqua-Aerobic Systems, Inc. v. Ravitts (2d Dist. 1988), 166 Ill. App. 3d 168, 172, 520 N.E.2d 67.) The same rules apply to an exculpatory agreement. (See Sexton v. Southwestern Auto Racing Association, Inc. (1979), 75 Ill. App. 3d ...

Register or login to access full content