Matches in DBpedia 2014 for { <http://dbpedia.org/resource/Tunkl_v._Regents_of_the_University_of_California> ?p ?o. }
Showing items 1 to 28 of
28
with 100 items per page.
- Tunkl_v._Regents_of_the_University_of_California abstract "Tunkl. v. Regents of the University of California [1] was a leading case in California that established a persuasive six-factor test that helps guide courts to decide when a contract relates to the "public interest." Specifically, California courts had a history of holding exculpatory liability waivers within contracts to be valid only if they did not involve the "public interest." This case history arose in relation to Cal. Civ. Code §1668, a statute that states "All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law." Cal. Civ. Code § 1668. At the time, it was difficult to gauge exactly what the courts meant by interpreting this statute to apply fervently to contracts "in the public interest." Tunkl helped clarify this, though there is still a debate as to how many of the six factors must be met, or whether certain factors should be read to be subservient to others.According to Tunkl, the six factors that determine, in the instance, whether a contract relates to the public interest are:1) "The party seeking exculpation is engaged in performing a service of great importance to the public, which is often a matter of practical necessity for some members of the public."2) "The party holds himself out as willing to perform this service for any member of the public who seeks it, or at least for any member coming within certain established standards."3) "As a result of the essential nature of the service, in the economic setting of the transaction, the party invoking exculpation possesses a decisive advantage of bargaining strength against any member of the public who seeks his services."4) "In exercising a superior bargaining power the party confronts the public with a standardized adhesion contract of exculpation . . .5) . . . and makes no provision whereby a purchaser may pay additional reasonable fees and obtain protection against negligence."6) "Finally, as a result of the transaction, the person or property of the purchaser is placed under the control of the seller, subject to the risk of carelessness by the seller or his agents."If a contract both meets these factors and includes liability waivers, it may be held to be invalid and unenforceable as a matter of law and policy.".
- Tunkl_v._Regents_of_the_University_of_California wikiPageExternalLink 92.html.
- Tunkl_v._Regents_of_the_University_of_California wikiPageID "42510410".
- Tunkl_v._Regents_of_the_University_of_California wikiPageRevisionID "604516891".
- Tunkl_v._Regents_of_the_University_of_California associatejudges Marshall_F._McComb.
- Tunkl_v._Regents_of_the_University_of_California associatejudges Paul_Peek.
- Tunkl_v._Regents_of_the_University_of_California associatejudges Roger_J._Traynor.
- Tunkl_v._Regents_of_the_University_of_California associatejudges B._Rey_Schauer.
- Tunkl_v._Regents_of_the_University_of_California associatejudges Raymond_E._Peters.
- Tunkl_v._Regents_of_the_University_of_California chiefjudge Phil_S._Gibson.
- Tunkl_v._Regents_of_the_University_of_California citations "17280.0".
- Tunkl_v._Regents_of_the_University_of_California decidedate "Jul 9".
- Tunkl_v._Regents_of_the_University_of_California decideyear "1963".
- Tunkl_v._Regents_of_the_University_of_California fullname "Olga TUNKL, as Executrix of the Estate of Hugo TUNKL, Deceased, Plaintiff and Appellant, v. The REGENTS OF the UNIVERSITY OF CALIFORNIA, Defendant and Respondent".
- Tunkl_v._Regents_of_the_University_of_California holding "A release from future negligence liability imposed as a condition for entry to a charitable hospital is invalid as a matter of public policy, under Cal. Civ Code §1668, which prohibits exempting a person from fraud, willful injury, or violation of law in contexts that affect the public interest.".
- Tunkl_v._Regents_of_the_University_of_California joinmajority "Gibson, Traynor, Schauer, McComb, Peters, Peek".
- Tunkl_v._Regents_of_the_University_of_California litigants "Tunkl v. Regents of the University of California".
- Tunkl_v._Regents_of_the_University_of_California majority "Tobriner".
- Tunkl_v._Regents_of_the_University_of_California prior "Appeal from judgment for defendant".
- Tunkl_v._Regents_of_the_University_of_California subsequent "none".
- Tunkl_v._Regents_of_the_University_of_California subject Category:California_state_case_law.
- Tunkl_v._Regents_of_the_University_of_California comment "Tunkl. v. Regents of the University of California [1] was a leading case in California that established a persuasive six-factor test that helps guide courts to decide when a contract relates to the "public interest." Specifically, California courts had a history of holding exculpatory liability waivers within contracts to be valid only if they did not involve the "public interest." This case history arose in relation to Cal. Civ.".
- Tunkl_v._Regents_of_the_University_of_California label "Tunkl v. Regents of the University of California".
- Tunkl_v._Regents_of_the_University_of_California sameAs m.010ffdsx.
- Tunkl_v._Regents_of_the_University_of_California sameAs Q17108421.
- Tunkl_v._Regents_of_the_University_of_California sameAs Q17108421.
- Tunkl_v._Regents_of_the_University_of_California wasDerivedFrom Tunkl_v._Regents_of_the_University_of_California?oldid=604516891.
- Tunkl_v._Regents_of_the_University_of_California isPrimaryTopicOf Tunkl_v._Regents_of_the_University_of_California.