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If the mortgage is assumed without the lender’s consent, the seller would remain liable for any default on the part of the buyer. In cases of a VA Loan, a release of liability may be obtained after the assumption even if the lender’s approval was not given prior to the completion of the assumption process.
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. Court membership; Chief Justice: Phil S. Gibson
Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury. [2] Liability waivers include pre-accident releases and model releases (for pictures). Reckless or intentional actions can never be disclaimed and liability resulting from a faulty product cannot be waived in the ...
Proposition 103, titled Insurance Rate Reduction and Reform Act, was a California ballot proposition voted on in the 1988 California General Election. It passed with 51% of the vote on November 8, 1988. [1] Proposition 103 expanded the regulatory capacities of the California Department of Insurance, especially in property and casualty insurance.
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances.