X

Legal Memorandum: Contracts Limiting Tort Liability in TX

Issue: Under Texas law, is a contract to limit liability for intentional or grossly negligent acts legally valid?

Area of Law: Business Organizations & Contracts, Personal Injury & Negligence
Keywords: Limitation of liability; Contract validity; Intentional or grossly negligent acts
Jurisdiction: Texas
Cited Cases: 951 S.W.2d 44
Cited Statutes: Restatement (Second) of Contracts § 195
Date: 10/01/2004

Contractual provisions which purport to limit liability or damages for intentional torts are void and unenforceable as against public policy.  Solis v. Evins, 951 S.W.2d 44, 50 (Tex. App.—Corpus Christi 1991, no writ); see Restatement (Second) of Contracts § 195 (1981).  Similarly, contractual provisions which purport to limit liability or recoverable damages for conduct that is grossly negligent are similarly void and unenforceable because against public policy.  Smith v. Golden Triangle Raceway, 708 S.W.2d 574, 576 (Tex. App.—Beaumont 1986, no writ); see Restatement (Second) of Contracts § 195.

[…]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)